Manish Pouranik vs The State Of Madhya Pradesh
2022 Latest Caselaw 2073 MP

          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. 1596 of 2022


        Between:-


        MANISH POURANIK S/O SANTOSH POURANIK ,
        AGED ABOUT 40 YEARS, OCCUPATION: AGENT
        KATRA BAZAR UMARIAPAN THANA UMARIA PAN,
        TEHSIL           DHEEMARKHEDA                     DISTRICT             KATNI
        (MADHYA PRADESH)
                                                                                          .....PETITIONER
(BY SHRI V.K. TYAGI, ADVOCATE )


                                                     AND
        THE STATE OF MADHYA PRADESH THROUGH P.S.
        UMARIAPAN KATNI (MADHYA PRADESH)
                                                                                      .....RESPONDENTS
(BY SHRI HARISH SHUKLA, PANEL LAWYER FOR RESPONDENT/STATE)


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

This court vide order dated 28.01.2022 directed the State to get verified the documents filed by the counsel for the applicant.

In compliance of the aforesaid order, a report is received from the SHO Umariya dated 09.02.2022 stating therein that, no amount has been deposited in the account of Narendra Pouranik, after the date of filing the complaint i.e. 16.04.2021.

Heard on admission.

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 14/12/2021 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 IPC.

The 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 Manish Pouranik (Cashier) along with other co- accused persons; Narendra Pouranik (Manager), Mukesh Chourasia (Agent) and Anshul Chourasia (Agent) are working in the said Cooperative Bank. The applicant and co-accused persons dishonestly induced the complainant and other investors to deposit money in the alleged bank. Complainant deposited approximately Rs.3,60,150/- in the alleged bank and when the complaint demanded the deposited 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. It is further submitted that the present applicant is Cashier in the alleged bank. 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 14.12.2021 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 1/4 th share of the amount of misappropriation and the fact that he is in jail since 14.12.2021, 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.

The amount of 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

SWETA SAHU 2022.02.17 15:35:35 +05'30'