Madhya Pradesh High Court
Sanjay Nagayach vs The State Of Madhya Pradesh on 14 January, 2015
M.Cr.C. No.20119/2014
14.01.2015
Shri Praveen Dubey, Advocate for the applicant.
Shri Vijay Soni, P.L. for the respondent/State.
This is the first bail application filed by the applicant under Section 438 of the Cr.P.C. for grant of anticipatory bail.
The applicant apprehends his arrest in connection with Crime No. 32/2014 registered at P.S. Shahnagar, District Panna for the offences punishable under Sections 409, 420, 120-B of the IPC and Sections 13(1)(c)/13(2), 13(1)(d)/13(2) of the Prevention of Corruption Act.
As per prosecution, applicant is Chairman of Managing Committee of District Co-operative Bank Limited, Panna. It is alleged against this applicant and co-accused Shankar Prasad Pandey that they have entered into a conspiracy and co-accused Shankar Prasad Pandey had sanctioned loan to different beneficiaries, wherein at the initial stage, 50% amount has been deposited within 5 years but the same could not have been deposited within five years. In this way, applicant and co-accused have misappropriated the amount of loan.
Learned counsel for the applicant has submitted that all documents are available in the Bank. Nothing is required to be seized from his possession. He is ready of co-operate in the investigation and trial. He had already enlarged on anticipatory bail in Crime No.54/2014, registered at Police Amangaj and also in Crime No.92/2012, registered at Police Station, Pawai. He is a reputed citizen of the locality, in the event of arrest his reputation will be tarnished, therefore, he 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, I am of the considered view that it is a fit case to release the applicant on anticipatory bail. Therefore, without commenting on the merits of the case, this application is allowed and it is directed that in the event of arrest, the applicant shall be released on bail on his furnishing a personal bond in a sum of Rs. 35,000/- (Rs. Thirty Five Thousand only) with one surety in the like amount to the satisfaction of arresting officer.
The applicant is directed to join the investigation immediately and fully co-operate with the investigation. He shall further abide by the other conditions enumerated in sub-section (2) of Section 438 of Cr.P.C. He shall also make himself available for interrogation by a police officer as and when required.
In view of the ratio laid down by Hon'ble Apex Court in Siddharam Satlingappa Mhetre Vs. State of Maharashtra and others JT 2010 (13) SC 247, this order shall remain in force till the end of the trial.
Certified copy as per rules.
(G.S.Solanki) Judge gn