Naved vs The State Of Madhya Pradesh
2021 Latest Caselaw 1977 MP

                                                         1                            MCRC-13920-2021
                              The High Court Of Madhya Pradesh
                                        MCRC-13920-2021
                                            (NAVED Vs THE STATE OF MADHYA PRADESH)

                      5
                      Jabalpur, Dated : 17-05-2021
                            Heard through Video Conferencing.
                            Shri Ankit Saxena, learned counsel for the applicant.
                            Shri A.K. Chourasia, learned counsel for the Objector.
                            Shri K.S. Patel, learned Panel Lawyer for the respondent/State.

This is first application under Section 439 of the Code of Criminal

Procedure on behalf of the applicant, who is in jail since 21.02.2021 in connection with Crime No.1156/2020 registered at Police Station- Jahangirabad, District- Bhopal (MP) for the offence under Sections 420, 467, 468, 506 and 34 of the Indian Panel Code.

A s per prosecution story, applicant is said to have cheated one Dr. Ravishankar Gautam of Rs.7,20,000/-. He was allured to become a partner in a hospital. When he transferred Rs.7,20,000/- in account of hospital, accused sold goods of hospital and hospital was also closed.

Learned counsel for the applicant submitted that this is a civil case.

There was a hospital which was in existence. Partnership agreement was made on 01.11.2019. Hospital was proposed to be closed later on i.e. on 05.03.2020 when partner asked to return the security amount to the owner. On this basis, it is submitted that it is not a case of cheating and forgery. It is further submitted by him that applicant is ready to deposit Rs.1,00,000/- i.e. the amount which falls in his share under protest before the trial Court. On aforesaid grounds, counsel for applicant prays for grant of bail to the applicant.

Learned Panel Lawyer for State opposed the bail application. Heard the counsel for the parties.

Considering the aforesaid facts and circumstances of the case and also

Signature Not considering the proposal of applicant to deposit Rs.1,00,000/- under protest SAN Verified

Digitally signed by SHABANA ANSARI Date: 2021.05.18 14:57:07 IST 2 MCRC-13920-2021 before CJM/trial Court, without commenting on the merits of the case, bail application stands allowed.

It is directed that the applicant-Naved shall be released on bail on his furnishing personal bond of Rs.50,000/- (Rs. Fifty Thousand only) with solvent surety in the like amount to the satisfaction of the trial court on condition of depositing of Rs.1,00,000/- before the CJM/trial Court.

Amount which will be deposited by the applicant shall be subject to final judgment passed by the trial Court.

In addition to aforesaid condition, the applicant shall abide by the conditions enumerated under Section 437(3) of Cr. P. C.

C.C as per rules.

                                                                                (VISHAL DHAGAT)
                                                                                   V. JUDGE


                      shabana




Signature
 SAN      Not
Verified

Digitally signed by
SHABANA ANSARI
Date: 2021.05.18
14:57:07 IST