Madhya Pradesh High Court
Harish vs The State Of Madhya Pradesh on 11 October, 2022
Author: Anil Verma
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE ANIL VERMA
ON THE 11TH DAY OF OCTOBER 2022
M.CR.C. NO. 31710 OF 2022
Between:-
HARISH
SON OF MITHILESH PANDEY
AGED 23 YEARS,
OCCUPATION PRIVATE JOB
R/O VILLAGE HARIYA DISTRICT REWA
AT PRESENT PITHAMPUR CHOPARI
DISTRICT DHAR
....... APPLICANT
(BY SHRI VINAY SARAF SENIOR ADVOCATE WITH
SHRI APOORV JOSHI, ADVOCATE)
AND
STATE OF MADHYA PRADESH
THROUGH POLICE STATION VIJAY NAGAR
DISTRICT INDORE (MP)
........RESPONDENT
Signature Not Verified
Signed by: BHUVNESHWAR
DATT JOSHI
Signing time: 11-10-2022
18:59:12
2
(SHRI GOVIND PUROHIT, G.A.)
(SHRI AJAY BAGADIYA SENIOR ADVOCATE
WITH SHRI G.S. CHOUHAN ADVOCATE
FOR OBJECTOR)
This application coming on for hearing this day, the court
passed the following:
O R D E R
Heard on IA No. 10180/2022 which is an application for
seeking permission to raise objection.
Objector is complainant and victim person, therefore, IA is
allowed and objector is permitted to raise objection in the bail
application filed by applicant.
Also heard on IA Nos. 10719/2022 and 11320/2022 which
are applications for taking documents on record.
The documents may be relevant for proper adjudication of
this bail application. Therefore, both IAs are allowed and
documents are taken on record.
Applicant has filed this first bail application under Section
439 of the Code of Criminal Procedure, 1973. He is in Jail since
10.6.2022 in connection with Crime No. 637/2022 registered at P.S.
-Vijay Nagar District Indore (M.P.) for commission of offence
punishable under Section 420, 408, 409, 34 of IPC.
As per the prosecution story, complainant Rishi Rai owner of
M/s Mahakal Liquor Contractor made a written complaint at police
Signature Not Verified
Signed by: BHUVNESHWAR
DATT JOSHI
Signing time: 11-10-2022
18:59:12
station Vijay Nagar Indore by stating that Mukesh, Mikky, Rishi,
Vishal Rahul, Rajkumar and others are salesmen in the shops.
Mahakal Group has taken liquor contract for a sum of Rs. 410
crores which was daily operated and handled by Mukesh Jaiswal.
The said group consisted of 35 foreign liquor shops and 59
country made liquor shops and it is the duty of salesman to record
the daily sale figure and to deposit the same in head office. The
present applicant is data entry operator. On 4.2.2022 Pramod
Shukla informed about the irregularities in stock and embezzlement
of money by operators and salesmen, then complainant got the
software checked by expert engineer Sandeep Dwivedi and it has
been gathered that present applicant and other co-accused persons
embezzled the amount of Rs. 6,28,81, 277/- from these 20 shops.
The applicant was incharge of shop located at village Navda Panth.
Police recovered a sum of Rs. 1,38,000/- from possession of
applicant and accordingly a case has been registered against the
applicant.
Learned counsel for the applicant submits that applicant is
innocent and he has been falsely implicated in this matter.
Applicant is in jail since 10.6.2022. The applicant was not named
in the FIR and even the complainant did not mention his name in
his statement given under section 161 of Cr.P.C., the applicant is 23
years of young person and sole butter earner of his family. He has
no criminal background. Final conclusion of trial will take
Signature Not Verified
Signed by: BHUVNESHWAR
DATT JOSHI
Signing time: 11-10-2022
18:59:12
considerable long time. Hence, he prays that applicant be released
on bail.
Per-contra, learned PL for respondent/State opposes the bail
application and prays for its rejection.
Learned counsel for objector opposes the bail application and
prays for its rejection by submitting that present applicant was
appointed as incharge of the shop situated at Navada Panth for
maintaining the record of the said liquor shop and submit it to the
office of complainant on each and every day after closing the shop
but the present applicant alongwith the other co-accused persons
committed fraud in the record of liquor and thereby illegally duped
huge amount of Rs. 1,05,26,990/- of the complainant firm, the said
amount is required to be recovered from the applicant, therefore, he
does not deserve for bail.
Perused the case diary as well as the impugned order of the
court below.
Considered all the facts and circumstances of the case.
The objector has filed appointment letter of present applicant,
as per said letter the applicant was appointed as incharge of liquor
shop situated at village Navada Panth and he was responsible for
account of said shop which was owned by complainant, during
investigation embezzlement of more than Rs. 1 crore has been
committed in the liquor shop which was operated by present
applicant as per account book, present applicant himself deposited
Signature Not Verified
Signed by: BHUVNESHWAR
DATT JOSHI
Signing time: 11-10-2022
18:59:12
Rs. 1 lakh in the account of complainant.
Learned counsel for applicant has placed reliance upon
judgment of Hon'ble Apex court dated 11.7.2022 passed in the
case of Satender Kumar Antil Vs. Central Bureau of Investigation
in MA No. 1849 of 2021 in SLP (Cri.) No. 5191 of 2021. But this
citation is not applicable in the present case.
Hence in view of the prima facie evidence available on
record and that 2-3 other co-accused persons are still absconding.
this Court is not inclined to grant bail to the applicant. The M.Cr.C.
filed by applicant is hereby dismissed.
Certified copy as per rules.
(ANIL VERMA)
J U D G E
BDJ
Signature Not Verified
Signed by: BHUVNESHWAR
DATT JOSHI
Signing time: 11-10-2022
18:59:12
