Premchand Joshi vs State Of Madhya Pradesh

Prem Narayan Singh, J

This is first application under Section 439 of Cr.P.C. in connection with FIR/Crime No.365/2023, Police Station-Crime Branch Indore, District- Indore, for the offence punishable under Sections 420, 467,468, 34 of IPC. The applicant is in custody since 19.09.2023.

2 . Learned counsel for the applicant submitted that the applicant is innocent and has falsely been implicated in the present case. Allegation against the applicant is that without being a member of the society or without holding any post, he has given the land of society after giving Rs.20 lakhs to co-Accused Gulab Singh. It is further submitted that the money was taken on behalf of society and land was given to Gulab Singh with the consent of members of society. Due to some dispute, the members of society are making allegations against the applicant. The applicant is well known environmentalist and he has obtained so many awards from the President of India. The applicant is 74 years old person. He is ready to deposit Rs. 20 lakhs before the Trial Court in the form of FD before releasing from jail with condition that the said amount can be given to actual beneficiaries at the conclusion of trial.

Applicant is in custody since 19.09.2023 and final conclusion of trial will take sufficient long time. Therefore, it is prayed that the application be allowed and the applicant be released on bail.

4 . Counsel for the respondent/State, on the other hand, opposes the prayer.

After hearing learned counsel for the parties and looking to the facts and circumstances of the case and custody period of the applicant and mainly the fact that the applicant is ready to deposit Rs. 20 Lakhs before the Trial Court, I am of the view that it is a case, in which applicant may be released on bail. Consequently without commenting on the merits of the case, first bail application under Section 439 of the Code of Criminal Procedure for grant of bail filed on behalf of applicant, stands allowed complying the aforesaid readiness of depositing the remaining amount before the trial Court.

6 . I t is directed that applicant be released on bail after depositing the amount of Rs.20,00,000/- before the trial Court, upon his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court, for his regular appearance before the trial Court during trial with a condition that he shall remain present before the concerned Court on all the dates fixed by it during trial. He shall abide by all the conditions enumerated under Section 437(3) of Cr.P.C.

This order shall be effective till the end of the trial. However, in case of bail jump and breach of any of the conditions of bail, it shall become ineffective.

Certified copy as per rules.