Narendra Pauranik vs The State Of Madhya Pradesh
2022 Latest Caselaw 2072 MP

                                                         1
                          IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
                                                       BEFORE
                                          HON'BLE SMT. JUSTICE SUNITA YADAV
                                              ON THE 15th OF FEBRUARY, 2022

                                        MISC. CRIMINAL CASE No. 2498 of 2022

                              Between:-
                              NARENDRA PAURANIK S/O SHRI JAGDISH
                              PAURANIK    , AGED    ABOUT    39   YEARS,
                              OCCUPATION: BUSINESSMAN NEAR SARASWATI
                              SCHOOL PS ADHARTAL SUHAGI DISTT. JABALPUR
                              (MADHYA PRADESH)

                                                                                      .....PETITIONER
                              (BY SHRI D.K. PAROHA, ADVOCATE)

                              AND

                              THE STATE OF MADHYA PRADESH THR. P S
                              UMARIYAPAN DISTT. KATNI (MADHYA PRADESH)

                                                                                    .....RESPONDENTS
                              (BY SHRI HARISH SHUKLA, PANEL LAWYER FOR THE
                              RESPONDENT/STATE )

                            T h is appeal coming on for admission this day, the court passed the
                      following:
                                                          ORDER

This is the first bail application filed under Section 439 of the Code of

Criminal Procedure, 1973 for grant of bail to the applicant who has been arrested on 06/07/2021 in connection with Crime No.96/2021 registered at Police Station- Umariapan, District Katni (M.P.) for offence punishable under Section 420, 506, 409, 34 of IPC.

T he case of the prosecution in brief is that, on 16.04.2021 complainant Yogesh Soni lodged a written complaint at Police Station Umariapan alleging that, in the year 2019 the complainant opened an account in the Cooperative Bank, namely Shikhar Cooperative Credit Society Limited Jabalpur, Branch Umaria-pan, present applicant Narendra Pouranik (Manager) along with other co-accused persons; Anshul Chourasia (Agent), Mukesh Chourasia (Agent) and Manish Pouranik (Cashier) are working in the said Cooperative Bank. The applicant and co-accused persons dishonestly induced the complainant and other investors to Signature SAN Not Verified deposit money in the alleged bank. Complainant deposited approximately Digitally signed by SWETA SAHU Date: 2022.02.17 Rs.3,60,150/- in the alleged bank and when the complaint demanded the deposited 15:18:52 IST

amount, the accused persons did not repay the amount and misappropriated the funds. It is alleged by the prosecution that approximately Rs.22,00,000/- (Rs. Twenty Two Lakhs) were duped by the accused persons.

Learned counsel for the applicant submits that the applicant is innocent and

has been falsely implicated. Counsel for the applicant at the outset has submitted that the applicant is ready to deposit 1/4th of the alleged amount duped by the applicant and other co-accused persons. It is further submitted that the applicant is in custody since 06.07.2021 and final conclusion of the trial is likely to take sufficient long time. Hence, it is submitted that the bail application be allowed and the applicant be released on bail.

Counsel for the respondent / State, on the other hand has opposed the bail application and prays for its dismissal.

Having considered the rival submissions and on perusal of the case diary as

also considering the fact that the applicant is ready to deposit 1/4th share of the amount of misappropriation and the fact that he is in jail since 06.07.2021, but without reflecting anything on the merits of the case, the application filed under Section 439 of Cr.P.C. on behalf of the applicant is hereby allowed.

It is directed that on depositing an amount of Rs.1,50,000/- (Rs. One Lakh Fifty Thousand) before the trial Court and on furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand) with two solvent sureties (Rs.25,000/- each) to the satisfaction of the trial Court for his appearance before that Court on all dates fixed in the case, for complying with the conditions enumerated under Section 437 (3) of the Code of Criminal Procedure and for depositing remaining amount of Rs.4,00,000/- (Rs. Four Lakhs) within a period of two months from the date of his release from jail, he shall be released on bail.

It is directed that in case, the applicant fails to deposit remaining amount of Rs.4,00,000/- (Rs. Four Lakhs) within a period of two months from the date of his release from jail, his bail shall stands canceled and the trial Court shall issue an arrest warrant for procuring his presence before that Court and after his arrest shall confine him to jail.

T h e amount o f Rs.5,50,000/- (Rs. Five Lakhs Fifty Thousand) so

deposited by the applicant before the trial Court shall be kept in fixed deposit in a Nationalized Bank at the discretion of the trial Court in such a manner, as to earn maximum rate of interest.

The entire amount including the interest shall be payable to the person found entitled thereto in the judgment of the trial Court.

CC as per rules.

(SUNITA YADAV) JUDGE ss