Dhanlal Malviya vs The State Of Madhya Pradesh
2022 Latest Caselaw 14565 MP

                                                              1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                           BEFORE
                                             HON'BLE SHRI JUSTICE VISHAL DHAGAT
                                                  ON THE 10th OF NOVEMBER, 2022

                                          MISC. CRIMINAL CASE No. 52288 of 2022

                                   BETWEEN:-
                                   DHANLAL MALVIYA S/O LATE KISHANLAL
                                   MALVIYA,   AGED      ABOUT    55 YEARS,
                                   OCCUPATION: DHOBI R/O WARD NO. 13,
                                   BANDHAMOHALLA, PARASIIYA, P.S. AND
                                   TAHSIL PARASIYA, DISTT. CHHINDWARA (M.P.)
                                   (MADHYA PRADESH)

                                                                                           .....PETITIONER
                                   (BY SHRI MUKESH PANDEY, ADVOCATE)

                                   AND
                                   THE STATE OF MADHYA PRADESH THROUGH
                                   THE P.S. PARASIYA DISTRICT CHHINDWARA
                                   (M.P.) (MADHYA PRADESH)

                                                                                        .....RESPONDENTS
                                   (BY SHRI D. K.PAROHA, GOVT. ADVOCATE)

                                 This application coming on for hearing this day, the court passed the
                           following:
                                                               ORDER

This is a repeat (second) application filed under Section 439 of Cr.P.C. on behalf of applicant, who is in jail since 26.5.2022 in connection with Crime No.215/2022, registered at Police Station Parasiya District Chhindwara for the offence punishable under Sections 420, 467, 468 and 471 read with Section 34 of the Indian Penal Code. Earlier bail application filed by the applicant was dismissed on merits.

Learned counsel appearing for the applicant submitted that to show bonafide applicant will not abscond from law and will attend the trial regularly. Signature Not Verified Signed by: ARVIND KUMAR DUBEY Signing time: 11/11/2022 11:04:57 AM

He is ready to deposit half of the amount i.e. Rs. 7, 35, 000/- before the trial Court. It is further submitted that no offence under Sections 467, 468 and 471 of the IPC is committed by the applicant. Offence under Section 420 of the IPC is punishable up to 7 years of imprisonment and triable by the JMFC. In these circumstances, applicant may be enlarged on bail.

Learned counsel appearing for the State has opposed the application for grant of bail. It is submitted that earlier application filed by the applicant was considered on merits and dismissed. There is no change in the circumstances, therefore, applicant may not be released on bail. It is further submitted that after release of applicant on bail other co-accused persons may also claim parity for

being released on bail. In these circumstances, application may be dismissed.

Heard the counsel for the parties.

Considering the fact that applicant is ready to deposit half of the defalcated amount i.e. Rs. 7,35,000/- before the trial Court to show his bonafide, application is allowed.

It is directed that the applicant shall be released on bail on his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the trial court.

In addition to above, applicant will deposit half of the defalcated amount i.e. Rs. 7,35,000/- before the trial Court. Said amount be kept in Fixed Deposit. If applicant absconds and does not appear before the trial Court then said amount be confiscated in favour of the State Government. In case applicant appears regularly then trial Court will pass final judgment in respect of the said amount at the time of final conclusion of trial. Co-accused in the case will not have any parity because it is only applicant who is depositing the amount of Rs. 7, 35,000/- before the trial Court to show his bonafide. Signature Not Verified Signed by: ARVIND KUMAR DUBEY Signing time: 11/11/2022 11:04:57 AM

In addition to aforesaid condition, the applicant shall abide by the conditions enumerated in Section 437(3) of Cr.P.C.

Certified copy as per rules.

(VISHAL DHAGAT) JUDGE DUBEY/-

Signature Not Verified Signed by: ARVIND KUMAR DUBEY Signing time: 11/11/2022 11:04:57 AM