High CourtsSingle Bench

Maanwati Pandey vs State Of Madhya Pradesh

Madhya Pradesh High Court · Decided on 3 September 2021 · Citation: (2021) 09 MP CK 0022

HON’BLE JUDGES
Satyendra Kumar Singh, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 438, 438(2) · Indian Penal Code, 1860 — Section 409
RESULT
Allowed
CASE NUMBER
Miscellaneous Criminal Case No.43531 Of 2021
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Judgment

8 paragraphs · 294 words

Satyendra Kumar Singh, J

This is first application filed under Section 438 of Cr.P.C. for grant of anticipatory bail to the applicant, as she is apprehending her arrest in connection with Crime No.198/2021, registered at Police Station- Shahpur District Rewa, (M.P.) for offences punishable under Section 409 of IPC.

Allegation against the applicant is that she being Sarpanch of Gram Panchayat Sahgan Kala, Janpad Panchayat Hanumana, District Rewa committed irregularities in the construction of Road and misappropriated an amount of Rs.9,495/-.

Learned counsel for the applicant has submitted that the applicant has not committed any offence. The amount which is said to be misappropriated has already been deposited by her. There is nothing on record, which indicates the involvement of the applicant in the crime. She is 70 years old lady. In these, circumstances, the prayer is made to enlarge the applicant on anticipatory bail.

Learned counsel for the respondent-State opposed the application and submitted that the allegation made against the applicant is of serious in nature.

Having regard rival submissions of the parties, looking to the facts and circumstances of the case, this court is of the considered opinion that it is a fit case for grant of anticipatory bail to the applicant. Hence, without expressing any opinion on merits of the matter, this application is allowed.

It is directed that in the event of arrest of the applicant, she shall be enlarged on anticipatory bail upon her furnishing personal bond in the sum of Rs.30,000/- (Rupees Thirty Thousand Only) each with one solvent surety in the like amount to the satisfaction of the Arresting Officer for her appearance before the Investigation Officer and the trial Court on all dates Section 438 of the Code of Criminal Procedure.

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