Madhya Pradesh High Court
Shyam Lal Shariwan vs The State Of Madhya Pradesh on 12 August, 2015
MCRC-8243-2015
(SHYAM LAL SHARIWAN Vs THE STATE OF MADHYA PRADESH)
12-08-2015
Shri R.K. Tiwari, learned counsel for the applicants/accused.
Shri B.P.Pandey, learned Public Prosecutor for the respondent/State.
Case diary is available.
This is the first bail application filed by the applicant/accused under section 438 of Cr.P.C. for grant of anticipatory bail in connection with Crime No.44/2015 registered at Police Station Rajendragram, District Anuppur for offence registered under sections 409, 420 of the IPC. As per allegations in the case diary, the applicant/accused embezzled the amount of Rs.6,52,000/- of public money.
In the course of arguments, learned counsel for the applicant/accused submits that applicant/accused is ready to deposit the entire embezzled amount ie Rs.6,52,000/- under protest in Gram Panchayat Bendhi, Janpad Panchayat Pusphrajgarh, District Anuppur.
Learned P.P. opposing the submissions made on behalf of the applicant/accused has prayed for rejection of the bail application. Considering the undertaking given on behalf of the applicant-accused, this Court deems it fit to grant bail to the applicant. It is ordered that subject to depositing the alleged embezzled amount of Rs.6,52,000/- by the applicant- accused before the concerned department under protest within a period of fifteen days from today, the applicant shall be granted anticipatory bail on his furnishing a personal bond for a sum of Rs. 25,000/- (Rs. Twenty Five Thousand only) with one surety in the like amount to the satisfaction of the Court.
The applicant/accused is directed to join the investigation immediately and fully co-operate with the investigating agency and the trial. The applicant shall further abide by the other conditions enumerated in sub-section (2) of Section 438 of Cr.P.C.
It is made clear that if the applicant-accused is convicted in the alleged offences, the amount to be deposited by him shall be forfeited to the State Government and if he is acquitted, the said amount shall be returned by the concerned department to him.
M.Cr.C. stands disposed of.
Certified copy as per rules.
(M.K. MUDGAL) JUDGE