Satyam Singh Bhadoriya vs The State Of Madhya Pradesh
2022 Latest Caselaw 16144 MP

                                                              1
                            IN     THE      HIGH COURT OF MADHYA PRADESH
                                                 AT JABALPUR
                                                       BEFORE
                                         HON'BLE SHRI JUSTICE VISHAL DHAGAT
                                              ON THE 6 th OF DECEMBER, 2022
                                          MISC. CRIMINAL CASE No. 54706 of 2022

                           BETWEEN:-
                           SATYAM SINGH BHADORIYA S/O RAGHVENDRA SINGH,
                           AGED ABOUT 29 YEARS, OCCUPATION: COMPUTER
                           OPERATOR R/O VILLAGE VIRASAN P.S. SIMARIYA,
                           DISTRICT PANNA (MADHYA PRADESH)

                                                                                           .....PETITIONER
                           (BY SHRI P. S. TOMAR, ADVOCATE)

                           AND
                           THE STATE OF MADHYA PRADESH THROUGH POLICE
                           STATION SIMARIYA DISTRICT PANNA (MADHYA
                           PRADESH)

                                                                                        .....RESPONDENTS
                           (BY SHRI A. K. RAWATPRADEEP GUPTA, GOVT. ADVOCATE)

                                 This application coming on for admission this day, the court passed the
                           following:
                                                               ORDER

This is the repeat bail application filed on behalf of the applicant/accused under Section 438 of the Cr.P.C. for grant of anticipatory bail, as he is under apprehension of his arrest, in connection with Crime No.322/2022, registered at Police Station Simariya, District Panna (M.P.) for the offences punishable under Sections 406, 409, 420 and 34 of Indian Penal Code.

Learned counsel appearing for the applicant submitted that earlier application was considered on merits and was dismissed. It is submitted that only change circumstances is that applicant is willing to deposit the defalcated Signature Not Verified Signed by: MONSI M SIMON Signing time: 12/7/2022 12:07:44 PM

amount of Rs.18 Lakhs in the trial court under protest. It is also submitted that once amount has been deposited in the court then there is no chances that applicant will be able to misuse the money or spend the same. Amount deposited will be in safe custody and same can be decided at the time of final decision in the case. It is submitted that in such change circumstances application be considered and applicant may be released on anticipatory bail.

Learned Govt. Advocate appearing for the State opposed the application for grant of bail. It is submitted by him that applicant had sold the crops in the open market and has not sent the amount to warehouse. Considering the amount involved, application be dismissed.

Heard the learned counsel for the parties.

Considering the fact that applicant is ready to deposit the amount of Rs.18 Lakhs under protest, anticipatory bail application filed by the applicant is allowed on condition that applicant will deposit the amount of Rs.18 Lakhs before CJM Panna within period of 15 days from date of this order. Said money be treated as proceeds of crime and in final judgment said amount be disposed off according to verdict.

On depositing the said amount and after obtaining the receipt from trial court, Investigating Officer shall release the applicant on anticipatory bail in connection with the aforesaid crime number and the offences and on his furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of the Investigating Officer/Arresting Authority.

The applicant is directed to join the investigation immediately and to co- operate with the investigating agency. He will further abide by the condition enumerated in sub-section (2) of Section 438 of the Cr.P.C. Signature Not Verified Signed by: MONSI M SIMON Signing time: 12/7/2022 12:07:44 PM

Certified copy as per rules.

(VISHAL DHAGAT) JUDGE mms

Signature Not Verified Signed by: MONSI M SIMON Signing time: 12/7/2022 12:07:44 PM