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Judgment
10 paragraphs · 391 wordsGurpal Singh Ahluwalia, J
Case diary is available.
This first application under Section 439 of Cr.P.C. has been filed for grant of bail.
The applicant has been arrested on 31/03/2022 in connection with Crime No.27/2009 registered at Police Station Economic Offence Wing, Gwalior, District Gwalior for the offence under Sections 406, 409, 420, 467, 468, 120-B of IPC, under Sections 13(1)(D) and 13(2) of the Prevention of Corruption Act, 1988 and Section 7(C) and 13(1) of the Prevention of Corruption (Amendment) Act, 2018.
It is submitted that the allegation against the applicant is that he had embezzled an amount of Rs.11,972/-. The applicant is in jail for the last approximately three months. He is an old person aged about 72 years. In order to show his bonafieds, he is ready and willing to deposit an amount of Rs.15,000/- in the bank without any prejudice to his defence. The trial is likely to take sufficiently long time and there is no possibility of his absconding or tampering with the prosecution case.
Per contra, the application is vehemently opposed by the Counsel for the respondent/State. However, it is fairly conceded that the applicant is an old and aged person and the total alleged embezzled amount is Rs.11,972/-.
Considering the period of detention as well as considering the amount allegedly misappropriated by the applicant, coupled with the Concessional statement made by the counsel for the applicant, this Court is of the considered opinion that the applicant can be enlarged on bail. Accordingly, the application is allowed. It is directed that the applicant be released bail on depositing an amount of Rs.15,000/- in Zila Sahkari Maryadit Bank, Datia and on production of NOC thereof as well as on furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac Only) with one surety in the like amount to the satisfaction of the Trial Court/Committal Court to appear before the Court on the dates given by the concerned Court.
This order shall remain effective till the end of trial but in case of bail jump, it shall become ineffective.
In the light of the judgment passed by the Supreme Court in the case of Aparna Bhat and others Vs. State of M.P. Passed on 18.03.2021 in Criminal Appeal No. 329/2021, the intimation regarding grant of bail be sent to the complainant.
The application is allowed.