Madhya Pradesh High Court
Shyamlal Namdev vs The State Of Madhya Pradesh on 27 February, 2013
M.Cr.C. No. 1108/2013 27.2.2013
Shri Pradeep Naveria, Advocate for the applicants. Shri R.K. Kesarwani, PL for the State.
This is the first bail application filed by the applicants under section 438 of Cr.P.C. for grant of anticipatory bail.
The applicants apprehend their arrest in connection with Crime No. 37/2001 registered at P.S. Katangi, District Jabalpur for the offence punishable under Sections 420, 467, 468, 471, 120-B of the IPC.
Learned counsel for the applicants submits that the applicants have been falsely implicated in the case. Applicant No. 1 Shyamlal Namdev was the Accountant and applicant No. 2 Devdutt Pandey was the Branch Manager in the Jila Sahkari Kendriya Bank Maryadit, Jabalpur at the relevant time. The prosecution itself found no prima facie case against the applicants. After investigation, the prosecution filed an application under Section 159 of the Cr.P.C. however, the trial Magistrate rejected and application and took the cognizance against the applicants. The applicants are ready to co-operate in the investigation. There is no possibility of their absconding. The applicants are reputed citizen of the locality, in the event of arrest, their reputation will be tarnished, therefore, they be released on anticipatory bail.
Learned counsel for State has opposed the application. On due consideration of the contention raised by the learned counsel for the parties and overall facts and circumstances of the case, the applicants have been enlarged on anticipatory bail by this Court, I am of the considered view that it is a fit case to release the applicants on anticipatory bail, therefore, without commenting on the merits of the case, the application is allowed and it is directed that in the event of arrest, the applicants shall be released on bail on their furnishing a personal bond in a sum of Rs. 30,000/- (Rs. Thirty Thousand only) each with one surety in the like amount to the satisfaction of the the arresting officer/Court concerned.
The applicants shall make themselves available for interrogation by a police officer as and when required. They shall further abide by the other conditions enumerated in sub-section (2) of Section 438 of Cr.P.C.
This order shall remain in force for a period of 60 days from today. In the meanwhile, if applicants so desire, may apply for regular bail before the competent Court, which shall be considered by that Court in accordance with law.
Certified copy as per rules.
(G.S.Solanki)
PB Judge