Smt. Krishna vs The State Of Madhya Pradesh
2021 Latest Caselaw 9172 MP

Citation : 2021 Latest Caselaw 9172 MP
Judgement Date : 27 December, 2021

Madhya Pradesh High Court

Smt. Krishna vs The State Of Madhya Pradesh on 27 December, 2021

Author: Pranay Verma

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                                 HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE
                                                     M.Cr.C. No.58329/2021
                                         Smt. Krishna W/o Gopal Panchal Vs. State of M.P.

                                Indore, Dated:- 27/12/2021

                                      Shri Anshuman Shrivastava, Counsel for the applicant - Smt.

                                Krishna W/o Gopal Panchal.

                                      Shri     Ranjeet   Sen,   learned   Panel   Lawyer    for   the

                                respondent/State.

1. Heard.

2. Perused the case diary.

3. This is first bail application under Section 438 of Cr.P.C. for

grant of bail. The applicant Smt. Krishna W/o Gopal Panchal,

who is apprehending his arrest in Crime No.266/2021 registered at

Police Station -Hatod, District Indore for the offence punishable

under Sections 406, 420, 407 and 120-B of IPC.

4. As per prosecution story, on 18.10.2021, the Police has

registered a case against the applicant and other co-accused persons

on the complaint having been made by the Nayab Tehsildar, Hatod,

District Indore by his letter dated 18.10.2021 under the

aforesaid provisions. As per the said letter, an investigation team

was constituted for the purpose of enquiry of the work during

the period of 2018-19, 2019-20 and 2020-21 completed by the

Village Panchayat. The allegation against the applicant is that Signature Not Verified SAN

Digitally signed by NEERAJ SARVATE Date: 2021.12.28 11:07:25 IST

HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE M.Cr.C. No.58329/2021 Smt. Krishna W/o Gopal Panchal Vs. State of M.P.

during his tenure as Sarpanch of Village Kankariya, Bordiya, Tehsil

Hatod, Indore, along with Village Secretary, she has committed

fraud and misappropriated the fund of the Government under the

different heads of different schemes while completing the

construction works in Village Panchayat. It is further alleged that

the applicant has paid more wages to the laborers under different

heads then the actual amount of wages and the payment has been

made without preparing any muster, entry and without GST

number. Hence, the Police has registered the case against the

applicant.

5. Learned counsel for the applicant submits that the applicant

is innocent and has been falsely implicated in this case. It is

further submitted that as per the provisions of M.P. Panchayat

(Inspection of Proceeding) Rules, 1995, after completing the

inspection, the Tehsildar was required to submit a report to the

officer or authority directing the inspection. No notice has been

issued to the applicant and the FIR was registered directly on the

instigation of the Tehsildar which is clear violation of the

aforesaid provisions. The prosecution has neither given any

notice nor any opportunity of hearing to the application and Signature Not Verified SAN

Digitally signed by NEERAJ SARVATE Date: 2021.12.28 11:07:25 IST

HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE M.Cr.C. No.58329/2021 Smt. Krishna W/o Gopal Panchal Vs. State of M.P.

directly without going through the record of the village

panchayat, registered the case against the applicant who is an

elected Sarpanch of the village by alleging misappropriation of

Government funds. It is further submitted that the payment has

been made after verification of Janpad Panchayat and after the

sanction by Jila Panchayat and the applicant has no role in this

regard. The total amount has been paid in the accounts of the

laborers and other persons were entitled for the payment. The

allegations are baseless and the FIR has been lodged only due to

political influence against the applicant. It is further submitted

that in the annual audit report, for the period concerned, no

irregularity or misappropriation was found by the Auditor. Hence,

the allegations are baseless and the applicant may be enlarged on

anticipatory bail.

6. Counsel for the applicant further placed reliance on the

judgments of Hon'ble Apex Court in the case of Satender

Kumar Antil vs. Central Bureau of Investigation and Another

passed in SLP (Cri.) No.5191/2021 Arnesh Kumar vs. State of

Bihar and Another reported in (2014) 8 SCC 273 whereby the

apex Court has issued certain directions with regard to grant of Signature Not Verified SAN

Digitally signed by NEERAJ SARVATE Date: 2021.12.28 11:07:25 IST

HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE M.Cr.C. No.58329/2021 Smt. Krishna W/o Gopal Panchal Vs. State of M.P.

benefit of bail to the accused persons.

7. Counsel for the applicant further placed reliance on Smt.

Rekha Goyal vs. The State of M.P. Passed in MCRC

No.42165/2021 dated 05.01.2021 and Jitendra Jian vs. The

State of M.P. Passed in MCRC No.23512/2021 dated 21.06.2019

passed by this Court by submitting that the applicants

wherein have granted anticipatory bail by this Court.

8. Per contra, learned Panel Lawyer has opposed the

application and prayed for its rejection on the ground that serious

allegations of of misappropriation of Govt. funds have been level

against the applicant during the period of 2018-19, 2019-20 and

2020-21.

9. Looking to the facts and circumstances of the case and on a

perusal of the material available on record including the case

diary and also considering the law laid down by the apex Court in

the case of Satender Kumar Antil (supra), without expressing

any opinion on the merits of the matter, this application is

allowed.

10. Accordingly, in the event of arrest, the applicant be

released on anticipatory bail on furnishing personal bond in the Signature Not Verified SAN

Digitally signed by NEERAJ SARVATE Date: 2021.12.28 11:07:25 IST

HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE M.Cr.C. No.58329/2021 Smt. Krishna W/o Gopal Panchal Vs. State of M.P.

sum of Rs.1,00,000/- (Rupees One Lac only) alongwith one

surety in the like amount to the satisfaction of arresting officer

for his appearance before the Investigating Officer on 06.01.2022

as and when directed during the course of investigation. If the

applicant shall not mark his presence before the concerned

I.O/Authority and not co-operate with the further investigation,

the order of this Court stand cancel without further reference to

this Court. Conditions of Section 438(2) Cr.P.C. shall also apply

on the applicant during currency of bail alongwith the following

conditions :-

(I) That, the applicant shall abide by all the

conditions enumerated;

(II) The applicant shall mark his presence before

the I.O/Authority during the course of investigation;

(III) The applicant will co-operate in the

investigation or trial, as the case may be;

(IV) The applicant will not influence, induce or

threat any of the witness;