Madhya Pradesh High Court
Ramesh vs The State Of Madhya Pradesh on 18 September, 2015
MCRC-7639-2015
(RAMESH Vs THE STATE OF MADHYA PRADESH)
18-09-2015
Shri Prashant K. Badriya, learned counsel for the applicant/accused.
Shri D.K. Parouha, learned Panel Lawyer for the respondent/State.
Case diary is available.
This is the first bail application filed by the applicant/accused under Section 439 of Cr.P.C. for grant of bail in connection with Crime No. 194/2015 registered at Police Station Kotwali District Balaghat for the offences registered under Sections 420, 294 and 506 of IPC.
The applicant-accused submits that the applicant-accused has been falsely implicated in this case as no receipt was given by him to the complainant and other persons receiving the money as alleged in the FIR. During the course of arguments, learned counsel further submits that the applicant- accused has been in jail since 22-04-2015 and his custody is not required in the trial. Moreover, the applicant-accused is ready to deposit the entire amount of Rs. 1,10,000/- before the trial court under protest. Hence, he be granted bail.
Learned PL opposing the submissions made on behalf of the applicant/accused has prayed for rejection of the bail application.
Heard the arguments of both the parties.
Indisputably, after investigation, the charge has already been filed. Without going into the merits of the case, considering the undertaking given on behalf of the applicant-accused, the application is allowed on his depositing the amount of Rs. 1,10,000/- under protest to the trial Court. If the applicant- accused is acquitted by the Court, the said amount shall be refunded to him and if he is convicted by the Court, the said amount shall be forfeited in favour of the victims whose names have been mentioned in the FIR and the statements of the witnesses. Therefore, allowing this application, it is ordered that on depositing the aforesaid amount ie, Rs. 1,10,000/- before the trial Court, the applicant-accused shall be granted 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 trial court. The said amount is being deposited under protest. Hence, it shall not be disbursed to the victims till the final disposal of the case. Certified copy as per rules.
(M.K. MUDGAL) JUDGE