Madhya Pradesh High Court
Tejbahadur Singh vs The State Of Madhya Pradesh on 1 September, 2015
MCRC-9605-2015
(TEJBAHADUR SINGH Vs THE STATE OF MADHYA PRADESH)
01-09-2015
Shri Manish Datt, sr. counsel with Shri Rahul Sharma,
Adv. for the applicant.
Shri Brahmdatt Singh, Public Prosecutor for the
respondent/State.
Heard the learned counsel for the parties. The applicant has an apprehension of his arrest in connection with Crime No.267/2015 registered at Police Station Kotwali, Sidhi for the offences punishable under Sections 409, 420, 467, 468 & 471 of the IPC. Learned counsel for the applicant submits that the applicant is a reputed citizen of the locality, who has no criminal past alleged against him. He is a Branch Manager of Jila Sahkari Kendriya Bank Maryadit, Branch Sidhi. One account of Dinesh Gupta was opened by the predecessor of the applicant i.e. Ramvishal Vishwakarm an a huge amount was received in that account and distributed to the various customers. Actually, the applicant had no knowledge about the source of income on that account and therefore, various cheques were passed. Though, the applicant was not involved in the conspiracy however, to show his bonafide intention, he has given a proposal to deposit a sum of Rs.5,00,000/-. At present, learned senior counsel for the applicant submits that the applicant is ready to deposit a sum of Rs.7,00,000/- under protest to show his bonafide intention with the pretext that if, he found guilty then, deposited sum may be adjusted towards the defalcated sum, otherwise he would be entitled to get sum back. The police is unnecessarily harassing him, whereas the entire documents are available in the bank. Nothing is to be recovered from the applicant. Consequently, the applicant prays for anticipatory bail. Learned Public Prosecutor for the State opposes the application.
Keeping in view the submissions made by learned counsel for the parties and looking to the facts and circumstances of the case, without expressing any opinion on the merits of the case, I am of the view that the present applicant has a good case for grant of bail of anticipatory nature. Consequently, the application under Section 438 of Cr.P.C is hereby allowed subject to deposit a sum of Rs.7,00,000/- (Rupees seven lac only) before the committal Court, Sidhi.
It is directed that, in the event of arrest, if the applicant viz. Tejbahadur Singh produces the receipt of depositing the aforesaid amount then, he be released on bail on his furnishing a personal bond in the sum of Rs.70,000/- (Rupees seventy thousand) with a solvent surety in the like amount to the satisfaction of the Arresting Authority (Investigation Officer). The applicant shall make herself available for interrogation by a police officer as and when required. She 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 and in the meanwhile, if the applicant so desires, may move an application for regular bail before the competent Court.
Bail under Section 438 of the Cr.P.C. is given for a limited period so that the evidence received against the applicant during further investigation may be considered by the concerned Court, who shall consider his application under Sections 437 or 439 of the Cr.P.C. The trial Court would be free to disburse the deposited sum of Rs.7 lac to the complainant party after taking due undertaking etc. Certified copy as per rules.
(N.K. GUPTA) JUDGE