Sarvesh Shivhare vs The State Of Madhya Pradesh
2021 Latest Caselaw 6996 MP

THE HIGH COURT OF MADHYA PRADESH MCRC-53136-2021 Sarvesh Shivhare Vs. State of MP

Gwalior, Dated: 28-10-2021

Shri Pradeep Katare, Counsel for the applicant.

Shri B.S. Gaur, Counsel for the State.

Case Diary is available.

This fifth application under Section 439 of Cr.P.C. has been

filed for grant of bail. Fourth application of the applicant was

dismissed as withdrawn by order dated 15.07.2021.

The applicant has been arrested on 23.09.2020 in connection

with Crime No.452/2020 registered at Police Station Dehat Distt.

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 had defrauded innocent farmers

by purchasing their crop, but did not pay their consideration amount.

It is submitted that all the complainants have been examined and now

they have stated that they have received the consideration amount.

The applicant is in jail from 23.09.2020. 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 State. It is submitted that merely because the

applicant has paid the consideration amount to the farmers belatedly

THE HIGH COURT OF MADHYA PRADESH MCRC-53136-2021 Sarvesh Shivhare Vs. State of MP

would not absolve the applicant from the criminal liability because

even a temporary embezzlement is an offence. However, it is fairly

conceded that all the complainants have been examined but it is

submitted that some of them have stated that recently they have

received the consideration amount.

Considering the totality of the facts and circumstances of the

case, this Court is of the considered opinion that since it is alleged

that the applicant had defrauded the innocent farmers and has paid

the consideration amount only when he is in jail for the last one year,

therefore, he can be released on bail only on the stringent condition.

Accordingly, without commenting on the merits of the case, the

application is allowed. It is directed that the applicant shall be

released on bail on furnishing cash surety of Rs.3,00,000/- (Rupees

Three Lacs) 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.

It is made clear that even a single default in appearance before

the Trial Court or in case of registration of new offence, this bail

order shall automatically come to an end and the cash surety so

furnished by the applicant shall automatically stand forfeited without

THE HIGH COURT OF MADHYA PRADESH MCRC-53136-2021 Sarvesh Shivhare Vs. State of MP

any reference to the Court.

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.

With aforesaid observation, the application is allowed.

(G.S. Ahluwalia) Judge Abhi ABHISHEK CHATURVEDI 2021.10.29 10:02:09 +05'30'