Citation : 2021 Latest Caselaw 6456 MP
Judgement Date : 5 October, 2021
1
THE HIGH COURT OF MADHYA PRADESH
MCRC No.49455/2021
Siddharth Rajawat vs. State of M.P.
Gwalior, Dated : 05.10.2021
Shri Vikram Singh Chauhan, Counsel for the applicant through
video conferencing.
Shri C.P. Singh, Panel Lawyer for the respondent/State.
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 7.9.2021 in connection with
Crime No.47/2019 registered at Police Station Kotwali, District
Bhind for offence under Sections 409, 420 of IPC.
It is submitted by the counsel for the applicant that according to
the prosecution case, the applicant was an employee of Shriram
Transport Finance Limited, Bhind. After recovering the installments
from different beneficiaries, it was alleged that the applicant did not
deposit the amount of Rs.4,48,000/-. It is submitted that however,
after the FIR was lodged, the entire amount of Rs.4,48,000/- has been
deposited in the Company and Shriram Transport Finance Limited
has also issued a No Objection Certificate on 31.5.2019 Annexure
A/2. It is submitted that the applicant is in jail from 7.9.2021 i.e.
approximately one month. The trial is likely to take sufficiently long
time and there is no possibility of his absconding or tampering with
THE HIGH COURT OF MADHYA PRADESH MCRC No.49455/2021 Siddharth Rajawat vs. State of M.P.
the prosecution case.
Per contra, the application is vehemently opposed by the
counsel for the respondent/State. It is submitted that the offence was
registered in the month of January, 2019 and the applicant remained
absconding for two and half years.
Heard the learned counsel for the parties.
Considering the fact that the applicant has already deposited the
entire defalcated amount and in the light of order passed by the
Supreme Court in the case of Shyam Goyal vs. State of M.P. Passed
on 15.6.2021 in SLP (Cri.) No.3598/2021, the applicant can be
granted bail. It is directed that the applicant be released on bail on
furnishing a personal bond in the sum of Rs.1,00,000/-(Rs. 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 the 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 & Ors. vs. State of M.P. passed on 18/3/2021
in Criminal Appeal No.329/2021, the intimation regarding grant of
bail be sent to the complainant.
THE HIGH COURT OF MADHYA PRADESH MCRC No.49455/2021 Siddharth Rajawat vs. State of M.P.
The application for bail is Allowed.
(G.S. Ahluwalia)
(alok) Judge
ALOK KUMAR
2021.10.05 17:23:15 +05'30'
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