Shankarlal vs The State Of Madhya Pradesh
2022 Latest Caselaw 4241 MP

                               1


      IN THE HIGH COURT OF MADHYA PRADESH
                         AT INDORE
                           BEFORE
               HON'BLE SHRI JUSTICE VIVEK RUSIA

                  ON THE 26th OF MARCH, 2022

             MISC. CRIMINAL CASE No. 8065 of 2022

 Between:-
 SHANKARLAL S/O MR. BHAGGAJI PATIDAR , AGED ABOUT 61
 YEARS, OCCUPATION: RETIRED GRAM BHASOLA, P.S. TAAL,
 DIST. RATLAM (MADHYA PRADESH)
                                               .....PETITIONER
 (BY SHRI NAVENDU JOSHI, ADVOCATE )

 AND

 THE STATE OF MADHYA PRADESH STATION HOUSE OFFICER
 THROUGH POLICE STATION TAAL (MADHYA PRADESH)
                                           .....RESPONDENTS
 (BY SHRI MUKESH SHARMA, LEARNED PL FOR STATE)
     This M.Cr.C. coming on this day, the court passed the
following:

                           ORDER

The present petition under Section 482 of the Code of Criminal Procedure has been filed by the applicant against the order dated 26.2.2020 whereby the learned Additional Sessions Judge Alot District Ratlam has rejected the application seeking

release of Rs. 40,000/- deposited with the gram panchayat.

Facts of the case are as under:-

An FIR was registered against the applicant and two other persons for the offence punishable under sections 409, 467, 468 and 120-B of IPC at crime No. 57/2011 at Police Station Tal District Ratlam. Applicant approached this Court by way of application under Section 439 of Cr.P.C. Vide order dated 13.6.2011, this Court had allowed M.Cr.C. No. 4251/2011 by directing the applicant to be released on bail upon depositing Rs. 40,000/- with the concerned Gram Panchayat and personal bond in the sum of Rs. 40,000/- with one surety in the like amount to the satisfaction of the learned court below. The applicant deposited Rs. 40,000/- on 18.6.2011 and thereafter vide order dated 18.6.2011 upon furnishing the surety and bail bond, he was released on bail. Now thereafter he was tried vide Sessions trial No. 255/2011. Vide judgment dated 3/5/2018 he has been acquitted from all charges.

Learned counsel for applicant submits that no appeal has been filed by State against acquittal.

The applicant filed an application before the trial court seeking a direction to the Gram Panchayat to release the amount of Rs. 40,000/-. The said application has been dismissed by the trial court on the ground that there is no such direction in the bail order for release of the amount after final outcome of the judgment.

This court had directed the applicant to deposit the amount of Rs. 40,000/- as a pre-condition for grant of bail, not by way of penalty or fine, apart from personal bond and surety.

Since the charges have not been proved against the applicant and he has been acquitted, therefore, the said amount is liable to be returned to the applicant.

Upon production of this order, the Gram Panchayat Bhasola is directed to release the amount of Rs. 40,000/- if not already released to the applicant.

C.C. as per rules.

(Vivek Rusia) Judge BDJ

Digitally signed by BHUVNESHWAR DATT JOSHI Date: 2022.03.26 18:29:20 +05'30'