Madhya Pradesh High Court
MCRC/13196/2016 of BHAVANI SINGH Vs THE STATE OF MADHYA PRADESH on 29 December 2016
THE STATE OF MADHYA PRADESH) 29-12-2016 Shri A.S.
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MCRC-13196-2016
(BHAVANI SINGHVs THE STATE OF MADHYA PRADESH)
29-12-2016
Shri A.S. Rathore, learned counsel for the applicant.
Ms. Mamta Shandilya, learned counsel for therespondent/State.
This is first bail application under Section 439 of theCode of Criminal Procedure for grant of bail.
The present applicant was arrested by the Police Station- Sayogitaganj, in Crime No.363/2016 under Sections 420,467, 468 and 471/34 of IPC.
According to the prosecution story, the present applicantalongwith co-accused Swapnil Jain committed anembezzlement of amount to the tune of Rs.70,00,000/-.
Learned counsel for the applicant submits that thepresent applicant was working as an office boy in theoffice run by Swapnil Jain and complainant Mamta Jain.He deposited and withdrew amount on instruction of co-accused Swapnil Jain and handed over the amount tohim. He is an illiterate person and does not understandconsequences of withdrawing amount on basis of forgeddocuments. He further submits that he never indulged increation of any forged documents and in making forgedsignature on the cheque, on the basis of which theamount was withdrawn.
Learned counsel for the state opposes the bailapplication.
Looking to the fact that charge-sheet has already been filed in this matter and the case depends on documentaryevidence, without further commenting on merit, thisapplication is allowed.
It is directed that the applicant shall be released on bailon his furnishing a personal bond of Rs.50,000/- (Rs.Fifty Thousand only) and one solvent surety of the likeamount to the satisfaction of the concerned Magistratefor his appearance on all the dates of hearing as may bedirected in this regard during trial.
He isfurther directed that on being so released on bail,he would comply with the conditions enumerated undersection 437(3) Cr.P.C. meticulously.Certified copy as per rules.
(ALOK VERMA)JUDGE