Pratik Son Of Shivlal vs State Of Madhya Pradesh

Subodh Abhyankar, J

They are heard. Perused the case diary / challan papers.

This is the applicant's first bail application under Section 439 of Criminal Procedure Code, 1973. He is implicated in connection with Crime

No.401/2021 registered at Police Station MIG Colony, Indore District Indore (MP) for offence punishable under Sections 420 and 409 of Indian Penal

Code, 1860 and also under Section 3 read with Section 7 of Essential Commodities Act, 1955.

The applicant is in jail since 11.06.2021.

The allegation against the applicant is that he misappropriated the food grains to the tune of Rs.1,10,000/- (rupees one lakh ten thousand).

Learned Senior Counsel for the applicant has submitted that the applicant has been falsely implicated in the case, the difference in the food grain

account is only procedural in nature and even otherwise, the applicant is ready to deposit the amount of defalcation, although he is denying having

involved in the case.

Learned Senior Counsel has submitted that the applicant is in jail since 11.06.2021 and final disposal of the trial is likely to take sufficiently long time.

Hence, it is submitted that the applicant be released on bail.

Learned counsel for the respondent / State, on the other hand, has opposed the prayer.

Having considered the rival submissions and on perusal of the case diary, this Court finds that on the last date of hearing, this Court had asked counsel

for the respondent / State to verify the amount of loss which the State Government has suffered on account of inaction on the part of the applicant;

and learned Panel Lawyer has informed that the financial loss suffered by the State Government is to the tune of Rs.1,10,000/-; and also taking note

of the fact that the applicant is in jail since 11.06.2021 and the amount involved in the offence as also the fact that the applicant is already deposit the

aforesaid amount of defalcation, this Court finds it expedient to allow the present application.

Accordingly, without adverting to the merits of the case, the application filed by the applicant is hereby allowed, subject to deposit a sum of

Rs.1,10,000/- (Rupees One Lakh Ten Thousand only), and the said amount shall be subject to the final outcome of the case by the trial Court. It is

further directed that upon applicant's depositing a sum of Rs.1,10,000/- (Rupees One Lakh Ten Thousand only) in a fixed deposit in a nationalized

bank and producing the receipt / certificate of the same before the concerned trial Court, he shall be released on bail upon furnishing a bond in the sum

of Rs.50,000/- (Rupees Fifty Thousand only) with one surety bond of the same amount to the satisfaction of the trial Court, to appear before the trial

Court on the dates given by the Court. The deposit receipt/certificate so produced by the applicant shall be endorsed by the learned Judge of the lower

Court to be, 'furnished towards the bail of the applicant and shall be subject to the final decision of the case by the trial Court'.

It is made clear that if the applicant is again found to be involved in any other offence during the trial, this order shall stand cancelled automatically

without reference to the Court and the police will be at liberty to arrest the applicant in the present case also.

It is also directed that the applicant will abide by all the conditions enumerated under Section 437(3) of the Cr.P.C.

This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.

Certified copy as per rules.