Indian Kanoon - Search engine for Indian Law

Madhya Pradesh High Court

Laxman Das Ahirwar vs The State Of Madhya Pradesh on 5 December, 2023

Author: Vishal Dhagat

Bench: Vishal Dhagat

                                                             1
                            IN     THE      HIGH COURT OF MADHYA PRADESH
                                                 AT JABALPUR
                                                      BEFORE
                                        HON'BLE SHRI JUSTICE VISHAL DHAGAT
                                              ON THE 5 th OF DECEMBER, 2023
                                         MISC. CRIMINAL CASE No. 47673 of 2023

                           BETWEEN:-
                           LAXMAN DAS AHIRWAR S/O LATEL SHRI KALLU LAL
                           AHIRWAR, AGED ABOUT 50 YEARS, OCCUPATION:
                           ASSISTANT ACCOUNTS OFFICER NATIONAL RURAL
                           EMPLOYMENT    GUARANTEE    SCHEME    JANPAN
                           PANCHAYAT   JATARA   DISTRICT   TIKAMGARH
                           (MADHYA PRADESH)

                                                                                           .....APPLICANT
                           (BY SHRI K. C. GHILDIYAL, SR. ADVOCAE WITH
                           SHRI PRADEEP DWIVEDI, ADVOCATE )

                           AND
                           THE STATE OF MADHYA PRADESH THROUGH POLICE
                           STATION DIGOUDA DISTRICT TIKAMGARH (MADHYA
                           PRADESH)

                                                                                        .....RESPONDENTS
                           (BY SHRI AKSHAY NAMDEO, GOVT. ADVOCATE )

                                 This application coming on for admission this day, the court passed the

                           following:
                                                              ORDER

This is the first bail application filed on behalf of the applicant/accused under Section 438 of the Cr.P.C. for grant of anticipatory bail, as he is under apprehension of his arrest, in connection with Crime No.117/2022, registered at Police Station Digouda, District Tikamgarh (M.P.) for the offences punishable under Sections 420, 409, 467, 468, 471 and 34 of Indian Penal Code.

2 . Learned Senior Counsel appearing for the applicant submitted that applicant is Assistant Account's Officer and as per allegation made against the Signature Not Verified Signed by: MONSI MANNAKUNNIL SIMON Signing time: 06-12-2023 14:11:23 2 applicant, some roads and other constructions work was not completed under National Rural Employment Guarantee Scheme and applicant has released the amount of payment to contractors and other persons. Learned Senior Counsel submitted that applicant received bills alongwith verification report by Sub Engineer, Assistant Engineer and Chief Executive Officer. Applicant is not required to verify the actual physical work done on spot. He is sitting in the office and works on basis of documents which are presented before him. In these circumstances, applicant may be enlarged on anticipatory bail.

3. Learned Govt. Advocate appearing for the State opposed the application for grant of anticipatory bail. It is submitted that Chief Executive Officer, Assistant Engineer, Sub-Engineer as well as applicant who is Asstt. Account's Officer are hand in glove and they have defalcated huge amount of money. In these circumstances, anticipatory bail application be dismissed. He also seeks permission of this Court for freezing the personal account of the applicant.

4. Heard the learned counsel for the parties.

5. Considering the facts and circumstances of the case, anticipatory bail application filed by the applicant is allowed.

6. It is directed that in the event of arrest of applicant in connection with the aforesaid crime number and the offences, he be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rs.Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of the Investigating Officer/Arresting Authority. Investigating Officer is free to take action in accordance with law to enquire the matter whether applicant has received any kickback or not.

7. The applicant is directed to join the investigation immediately and to co-operate with the investigating agency. He will further abide by the condition enumerated in sub-section (2) of Section 438 of the Cr.P.C.

Certified copy as per rules.

(VISHAL DHAGAT) JUDGE mms Signature Not Verified Signed by: MONSI MANNAKUNNIL SIMON Signing time: 06-12-2023 14:11:23