Shyam S/O Ramchandra Patel vs State Of Madhya Pradesh

This first application under Section 438 of Criminal Procedure Code, 1973 for grant of anticipatory bail has been filed by the applicant, who is apprehending his / her arrest in connection with Crime No.272/2019 registered at Police Station Kshipra, Indore District Indore (MP) for offence punishable under Sections 409 and 120-B of the Indian Penal Code, 1860.

As per prosecution case, on the basis of written complaint dated 05.08.2019 made by Branch Manager, Indore Premier Cooperative Bank Limited, Indore with regard to financial irregularities and misappropriation of an amount of Rs.35,39,075/-(rupees thirty five lakh thirty nine thousand and seventy five only) of 51 agriculturists by the then Branch Manager (Shyamlal s/o Ramchandra) and others, offence under Sections 409 and 120-B of the Indian Penal Code, 1860 has been registered against the present applicant and others.

Learned Senior Counsel for the applicant has submitted that the applicant was working as Manager of Indore Premier Cooperative Bank Limited, Branch Palasia, District Indore (MP). He was suffering from heart disease and his treatment was going on. During the period of his treatment, some employees of the Cooperative Bank manipulated the amount deposited by the farmers and upon receipt of this information, he himself made complaint to higher officer on 21.07.2019 and 23.07.2019; and requested to conduct an inquiry into the matter. Thereafter, a joint inquiry was conducted by the Officers of the Cooperative Bank and Officers of the Cooperative Department. It is further submitted that there is no evidence available in the case diary, that the applicant received any amount from the farmers or he made any false entry in the account book of the Cooperative Bank. It is also submitted that the applicant is ready to give his handwriting for examination and to co-operate with the investigation. There is no possibility of his / her absconsion or tempering the evidence, if enlarged on anticipatory bail. Under these circumstance, learned Senior Counsel for the applicant prays for grant of anticipatory bail to the applicant.

On the other hand, learned Public Prosecutor for the non-applicant / State of Madhya Pradesh opposes the application by contending that at the relevant point of time, when the defalcation was made in the Cooperative Bank, the applicant was working as Branch Manager and information was received by the Chief Executive Officer of the Cooperative Department regarding manipulation and defalcation in the aforesaid Cooperative Bank. After receipt of the aforesaid information, a Committee of Three Members was constituted under the Leadership of Mr. D.P. Khariya, Senior Cooperative Inspector, Cooperative Society; and during inquiry, it was found that an amount of Rs.35,39,075/- (rupees thirty five lakh thirty nine thousand and seventy five only) received from 51 agriculturists / farmers has not been deposited in their account; and the Branch Manager (present applicant) was held responsible for the aforesaid misappropriation. The present applicant is the person, who was responsible for day to day work of the Cooperative Bank; and if some manipulation has been done during his tenure he cannot escape from his responsibility. Custodial interrogation of the applicant is required for investigation. Therefore, learned Public Prosecutor for the non-applicant / State of Madhya Pradesh prays for rejection of the anticipatory bail application.

Considering the arguments advanced by the learned counsel for the parties and the material evidence available in the case diary so also the facts and circumstances of the case, this Court is of the view that no case is made out for grant anticipatory bail to the applicant.

Accordingly, Miscellaneous Criminal Case No.39924/2019 is hereby dismissed.