Rakeshpal vs The State Of Madhya Pradesh
2022 Latest Caselaw 1713 MP

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           THE HIGH COURT OF MADHYA PRADESH
                      MCRC-6028-2022
                  Rakesh Pal Vs. State of M.P.

                    Through video conferencing

Gwalior, Dated: 07.02.2022

      Shri B.K.Sharma, Counsel for the applicant.

      Shri Rajeev Upadhyay, Counsel for the State.

      Case Diary is available.

      This third repeat application under Section 439 of CrPC has

been filed for grant of bail. Second bail application of the applicant

was dismissed on merits by order dated 24/11/2021 passed in MCRC

No.57184/2021.

      The applicant has been arrested on 13/09/2021 in connection

with Crime No.376/2021 registered at Police Station Lahar, District

Bhind for offence under Section 420 of IPC and Section 66 of

I.T.Act.

      It is submitted by the counsel for the applicant that although

the previous bail applications of the applicant have already been

dismissed on merits, but he is in jail from 13/09/2021 and he is ready

and willing to abide by any stringent condition, which may be

imposed by this Court. It is further submitted that he was never

released on temporary parole in the wake of Covid-19 Pandemic.

      Per contra, the application is vehemently opposed by the

counsel for the State. It is submitted by the counsel for the State that

the applicant after manipulating the shutter of ATM machine used to
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          THE HIGH COURT OF MADHYA PRADESH
                     MCRC-6028-2022
                 Rakesh Pal Vs. State of M.P.

withdraw the amount from the ATM machine and thereafter, they

were in habit of making complaint of error. It is further submitted

that by adopting the same manner, a total amount of Rs.17,88,000/-

has been misappropriated in the last one month. However, the

counsel for the State could not point out as to whether the entire

amount of Rs.17,88,000/- was fraudulently withdrawn by the

applicant himself or not. The applicant was also found in possession

of two ATM cards belonging to some other persons. However, after

going through the police case diary, it is fairly conceded that the

applicant has no criminal history.

      Heard the learned counsel for the parties.

      According to the prosecution case, miscreants used to

manipulate the shutter of ATM machine, as a result error is created in

ATM machine, but the cash is withdrawn. It is alleged that on

13/09/2021

, one person had withdrawn Rs.20,000/- by adopting the

same manner and on the date of incident also same person came to

the ATM where he was apprehended. Thus, the act of the applicant is

not only against the Indian Economy, but is also against the

authenticity of the ATM machine installed by the bank at different

places.

Under these circumstances, the applicant can be granted bail

only on the stringent condition of furnishing cash surety.

THE HIGH COURT OF MADHYA PRADESH MCRC-6028-2022 Rakesh Pal Vs. State of M.P.

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 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 any

reference to the Court.

Before releasing the applicant, the Court below shall verify

that whether the applicant was ever released on temporary parole in

the wake of Covid 19 pandemic or not. If the applicant was released

on temporary parole, then this order shall automatically lose its effect

and the Court below shall not be under obligation to release the

applicant on bail as he is being granted bail on the ground of period

of detention.

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

THE HIGH COURT OF MADHYA PRADESH MCRC-6028-2022 Rakesh Pal Vs. State of M.P.

regarding grant of bail be sent to the complainant.

CC as per rules.

(G.S. Ahluwalia) Judge Abhi ABHISHEK CHATURVEDI 2022.02.08 10:50:12 +05'30'