Madhya Pradesh High Court
Girish Prasad Mishra vs The State Of Madhya Pradesh on 22 September, 2015
MCRC-15411-2015
(GIRISH PRASAD MISHRA Vs THE STATE OF MADHYA PRADESH)
22-09-2015
Shri H. S. Dubey, learned senior counsel, with Shri Geet Sukhwani,
learned counsel for the applicant.
Shri Devesh Jain, learned Government Advocate, for the
respondent/State.
Heard arguments.
Perused case diary and material on record.
This is the first bail application filed by the applicant under Section 438 of the Cr.P.C. as he apprehends his arrest in crime no.185/2015 registered at Police Station Rajendragram, district Anuppur, against him for the offences punishable under Sections 409, 420, 467 and 468 of the IPC.
Prosecution allegations are that the applicant was posted as cashier in Zila Sahakari Kendriya Bank Maryadit, Branch Rajendragram, district Anuppur (for short, âthe Bankâ), in the year 2005-06. During that period, he paid through 371 cheques Rs.82,56,500/- with forged documents and tempering with the writings of the aforesaid cheques to the beneficiaries whose lands have been submerged in Ban Sagar Scheme.
Learned counsel for the applicant submits that upon the aforesaid allegations, the Bank had instituted twice the departmental enquiries against the applicant in which he was exonerated of the allegations. It is also submitted by him that on the aforesaid allegations the Bank lodged a written report with the Police Station Rajendragram. Thereupon, the Station House Officer of the said Police Station had written a letter dated 26.2.2012 to the concerned Branch Manager of the Bank stating therein that since the applicant had been absolved from the allegations in the departmental enquiries, there is no need for the police to register the FIR against the applicant and investigate the allegations again. It is also submitted by him that after the aforesaid letter, the Divisional Revenue Commissioner, Shahdol, wrote a D.O. letter dated 1.7.2015 to the Superintendent of Police, Anuppur, directing him to register FIR against the applicant on the basis of the letter dated 10.5.2011 written by the Branch Manager of the Bank. Thereafter, the police registered the FIR on 22.8.2015. It is also submitted by him that looking to the allegations and the alleged period of crime, no custodial interrogation of the applicant is required. Upon these submissions, learned counsel prays for grant of anticipatory bail to the applicant.
Learned Government Advocate opposes the prayer. On due consideration of the facts and circumstances of the case, the submissions raised on behalf of the parties by their counsel, upon perusal of the reports of departmental enquiries instituted against the applicant and the aforesaid letters of the Station House Officer and the Divisional Revenue Commissioner, but without expressing any opinion on merits of the case, I am of the view that it is a fit case for grant of anticipatory bail to the applicant. Hence, the application is allowed with certain conditions. He is directed to appear before the Investigating Officer on or before 5.10.2015 for interrogation and submission of documentary proofs of his permanent residence and contact numbers, if any. The Investigating Officer is ordered that if he arrests the applicant in the case, in that event he will release him on bail immediately upon his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety in the like amount to his satisfaction. Further, he will abide by the conditions enumerated in Section 438(2) of the Cr.P.C. It is made clear that if the applicant fails to appear before the Investigating Officer on the stipulated time, this bail order shall automatically stand cancelled. Certified copy as per rules.
(RAJENDRA MAHAJAN) JUDGE