Rishilal Sahu vs The State Of Madhya Pradesh
2022 Latest Caselaw 8021 MP

                                  1
            IN THE HIGH COURT OF MADHYA PRADESH
                         AT JABALPUR
                                 BEFORE
                   HON'BLE SHRI JUSTICE VISHAL DHAGAT
                          ON THE 17th OF JUNE, 2022

                 MISC. CRIMINAL CASE No. 27642 of 2022

        Between:-
        RISHILAL SAHU S/O MAHESH SAHU , AGED
        ABOUT 49 YEARS, OCCUPATION: SOCIETY
        MANAGER R/O BHANPURA TEHSIL KARELI
        DISTRICT UMARIYA AT PRESENT R/O WARD
        NO.4   SOHAGPUR     SHAHDOL     DISTRICT
        SHAHDOL (M.P.) (MADHYA PRADESH)

                                                                .....PETITIONER
        (BY Mr. SUSHIL K. TIWARI, ADVOCATE)

        AND

        THE STATE OF MADHYA PRADESH THROUGH
        POLICE STATION PALI DISTRICT UMARIYA M.P.
        (MADHYA PRADESH)

                                                             .....RESPONDENTS
        (BY MR. K.S.BAGHEL, GOVT. ADVOCATE)

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

This is first bail application filed under Section 439 of Cr.P.C. on behalf o f applicant, who is in jail since 13.05.2022 in connection with Crime No.135/2022, registered at Police Station-Pali, District - Umaria(M.P.), for the offences punishable under Sections 409 of IPC & 3/7 of Essential Commodities Act.

Counsel appearing for applicant submitted that applicant is an employee of society. He has been implicated in the case under Section 409 of IPC and 3/7

of Essential Commodities Act. It is submitted that as per prosecution story, applicant has misappropriated using his position the material or amount of Rs.1,25,000/-. It is submitted that investigation in the case is complete and charge-sheet has been filed. It is submitted that applicant is ready to deposit 50% of the amount under protest.On these grounds, prayer is made to enlarge applicant on bail.

Govt. Advocate appearing for State opposed the application for grant of bail.

Heard learned counsel for parties.

Considering the fact that applicant is ready to deposit 50% of amount in

question under protest and investigation is complete and charge-sheet has been filed, bail application filed by applicant is allowed. It is directed that the applicant - Rishilal Sahu 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 50% of amount in question 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 nd

NEETI TIWARI 2022.06.17 17:26:48 +05'30'