Prem Kumar Panwar vs The State Of Madhya Pradesh
2022 Latest Caselaw 6311 MP

                                      1
              IN THE HIGH COURT OF MADHYA PRADESH
                           AT JABALPUR
                                   BEFORE
                     HON'BLE SHRI JUSTICE VISHAL DHAGAT
                             ON THE 27th OF APRIL, 2022

                  MISC. CRIMINAL CASE No. 9342 of 2022

         Between:-
         PREM KUMAR PANWAR S/O SHRI DHANRAJ
         PANWAR, AGED ABOUT 45 YEARS, OCCUPATION:
         PRIVATE JOB R/O NEAR LIC OFFICE MADAN
         MAHAL    DISTRICT   JABALPUR    (MADHYA
         PRADESH)

                                                                .....PETITIONER
         (BY SHRI MANISH DATT, SENIOR ADVOCATE WITH SHRI KULJEET
         KUSHWAHA, ADVOCATE)

         AND

         THE STATE OF MADHYA PRADESH THROUGH
         POLICE STATION KUTHALA DISTRICT KATNI
         (MADHYA PRADESH)

                                                              .....RESPONDENTS
         (BY SHRI AKSHAY NAMDEO, GOVERNMENT ADVOCATE)

       This application has come up for hearing on this day, the court passed the
following:
                                        ORDER

T his i s thi rd application under Section 439 of the Code of Criminal Procedure on behalf of the applicant.

Earlier applications were dismissed on merits vide orders dated 17.05.2021 & 27.07.2021 passed in MCRC No.6132/2021 & MCRC No.32893/2021.

Applicant is in jail since 29.11.2020 in connection with Crime No.512/2017 registered at Police Station-Kothatla, District-Katni (MP) fo r the offence under Sections 420, 467, 468, 471/34 of the Indian Panel Code and Section 66 of the IT Act.

Learned senior counsel appearing for applicant submitted that applicant is ready to deposit an amount of Rs.1,40,000/- under protest before the trial Court. Applicant is in jail since 29.11.2020. Witnesses are not coming forward to give evidence in the case. On various occasion bailable warrants were issued against witnesses. There is inordinate delay in trial. On aforesaid grounds, counsel for applicant prays for grant of bail to the applicant.

Learned Government Advocate appearing for State opposed the bail application. It is submitted that there is direct allegation against applicant. Applicant has done defrauding with the complainant, therefore, application may be dismissed.

Heard the counsel for the parties.

Considering the aforesaid facts and circumstances of the case and also considering the proposal of applicant to deposit Rs.1,40,000/- under protest before trial Court, without commenting on the merits of the case, bail application stands allowed.

It is directed that the applicant-Prem Kumar Panwar 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.1,40,000/- (Rs. One Lakh Forty Thousand Only) under protest before the 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) JUDGE shabana Digitally signed by SHABANA ANSARI Date: 2022.04.27 14:12:13 +05'30'