Madhya Pradesh High Court

MCRC/933/2024 of RAMLALLU SHAH Vs THE STATE OF MADHYA PRADESH on 2 February 2024

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COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI

IN THE HIGH COURT OF MADHYA PRADESHAT JABALPUR

BEFORE

HON'BLE SHRI JUSTICE MANINDER S. BHATTION THE 2[nd] OF FEBRUARY, 2024

MISC. CRIMINAL CASE No. 933 of 2024

BETWEEN:-

RAMLALLU SHAH S/O SHRI JANGI PRASAD SHAH,AGED ABOUT 53 YEARS, OCCUPATION: SALESMANVILLAGE AMILIYA, POLICE STATION MADA, DISTRICTSINGRAULI (MADHYA PRADESH)

(BY SHRI A.P. SHAH - ADVOCATE )

.....APPLICANT

AND

THE STATE OF MADHYA PRADESH THROUGH POLICESTATION MADA DISTRICT SINGRAULI (MADHYAPRADESH)

.....RESPONDENTS

(BY SHRI CHANDRAPAL SINGH PARMAR - GOVT. ADVOCATE )

This application coming on for admission this day, the court passed the following:

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ORDER

This is first bail application filed by the applicantunder Section 439 of the Code of Criminal Procedure for grant of regular bail relating to FIR/CrimeNo.235/2023 dated 29.03.2023 registered at Police Station - Mada, DistrictSingrauli for the offence under Sections 406 and 409 of the Indian Penal Codeand under sections 3 and 7 of the Essential Commodities Act, 1955.

2. Learned counsel for the applicant submits that as per prosecution,there is allegation of defalcation of an amount of Rs.5,17,935/-. It is contendedby the learned counsel that as per prosecution upon physical verification, the stock of food-grains was found to be deficit. It is contended by the counselthat the applicant himself received less quantity of food-grains and, therefore,there was no question of there being any deficit quantity of food-grains. It iscontended by the counsel that supply of food-grains to more than 400beneficiaries were made and the record pertaining to the said supply has beenbrought on record.

3. It is further contended by the learned counsel for the applicant that theapplicant is willing to deposit 50% of the amount, which according to theprosecution has been embezzled at the behest of the present applicant.

4. Learned counsel for the State has opposed the prayer for grant of bailto the applicant and submits that taking into consideration the serious allegation,it is evident that the beneficiaries who belong to economic weaker sections ofthe society, have been deprived of their rights to get food-grains. Thus, takinginto consideration the serious allegation of deficit stock of food-grains, theapplication for grant of bail to the applicant deserves to be dismissed.

5. Having considered the submissions advanced on behalf of the parties,it is evident that applicant is working as a Salesman of the fair-price shop inquestion. As per the prosecution allegation, there was deficit quantity ofdifferent food-grains in comparison to the quantity mentioned in the AePDSPortal, and according to the prosecution, on account of deficit quantity offood-grains there is embezzlement to the tune of Rs.5,17,935/-.

6. The applicant is in custody since 16-12-2023. The applicant is readyto deposit 50% of the deficit amount, therefore, if the applicant deposits a sumof Rs.3,00,000/- as against the total deficit of Rs.5,17,935/- within a period ofthirty days from today, upon producing receipt in that regard before the trialCourt, the applicant be enlarged on bail. Therefore, without commenting on the merits of the case, the application is allowed.

7. Subject to deposit of Rs.3,00,000/- it is directed that the applicant- Ramlallu Shah shall be released on bail on his furnishing a personal bond in asum of Rs.50,000/- (Rupees Fifty Thousand Only) with one surety in the likeamount to the satisfaction of the trial Court concerned for his appearancebefore the said Court on all such dates as may be fixed in this regard during thependency of trial.

8. It is further directed that the applicant shall comply with the provisionsof Section 437(3) of the Cr.P.C.

9. Accordingly, this M.Cr.C. stands allowed and disposed of.

Certified copy as per rules.

ac

(MANINDER S. BHATTI)JUDGE

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