Madhya Pradesh High Court
Ramesh Chand @ Ramesh Chandra vs The State Of Madhya Pradesh on 8 March, 2021
Author: Mohammed Fahim Anwar
Bench: Mohammed Fahim Anwar
1 MCRC-6447-2021
The High Court Of Madhya Pradesh
MCRC-6447-2021
(RAMESH CHAND @ RAMESH CHANDRA AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 08-03-2021
Shri Ghanshyam Barman, counsel for applicants.
Shri Vinay Sharma, Panel Lawyer for the respondent/State.
Case diary is available.
Heard.
This is first application filed under Section 439 of Cr.P.C. for grant of bail to the applicants, as they have been arrested in connection with Crime No.400/2020 registered at Police Station Mandideep, District Raisen, for the offences punishable under Sections 409, 420, 34 of IPC.
Allegation of the prosecution is that applicants are the employees of CJ Darcl Logistics Limited, which is involved in transporting cereals from ICD Mandideep to Calcutta. It is alleged that applicants and other co-accused persons have misappropriated about 172 tonnes of cereals in between the place from where the truck started and received at Calcutta. When audit has raised objection regarding difference, then the mater was investigated and FIR was lodged. On that basis, aforesaid crime against the applicats and other co-accused persons have been registered.
Learned counsel for the applicants has submitted that the applicants are employees of CJ Darcl Logistics Limited, employed on the payment of Rs.10,000/- to Rs.15,000/- per month and have been falsely implicated in the present offence. The salary certificates of the applicants are also filed on record. The applicants are ready to furnish bail as per the order and shall abide by all conditions as may be imposed by the Court. He further submits that the applicants are in judicial custody since 26.12.2020 and the trial will take time for its final disposal. On these grounds, learned counsel for the applicants prays for grant of bail to the applicants.
Learned counsel for the respondent/State has opposed the bail Signature Not Verified SAN application. It is also informed that the charge-sheet has not yet been filed and Digitally signed by SANTOSH P MATHEWS Date: 2021.03.08 17:19:50 IST 2 MCRC-6447-2021 it will take time for the prosecution for filing charge-sheet as investigation is still going on.
Considering the facts and circumstances of the case and the duration of custody of applicants, who are in jail since 26.12.2020, I am of the considered view that it is a fit case to release the applicant on bail. However as the applicants are residents of Uttar Pradesh and Delhi, some strict condition deserves to be imposed.
Accordingly, this application is allowed. It is directed that applicants shall be released on bail on their furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees one lac only) each with two local sureties of Rs.50,000/- each to the satisfaction of the committal/trial Court, to appear before the court on the dates given by the concerned Court. It is directed that applicants shall comply with the provisions of Section 437(3) Cr.P.C.
I n view of the outbreak of 'Corona Virus disease (COVID-19)' the concerned jail authorities are directed to follow the directions/guidelines issued by the Government of India with regard to COVID-19 before releasing the applicants.
This M.Cr.C. stands allowed and disposed of.
C.C. as per rules.
(MOHD. FAHIM ANWAR) JUDGE M. Signature Not Verified SAN Digitally signed by SANTOSH P MATHEWS Date: 2021.03.08 17:19:50 IST