Dhanpat Lodhi vs The State Of Madhya Pradesh
2022 Latest Caselaw 12255 MP

                                  1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT JABALPUR
                                 BEFORE
                   HON'BLE SHRI JUSTICE VISHAL DHAGAT
                       ON THE 14th OF SEPTEMBER, 2022

                 MISC. CRIMINAL CASE No. 43140 of 2022

         BETWEEN:-
         DHANPAT LODHI S/O LATE UMESH LODHI,
         AGED    ABOUT    34   YEARS, OCCUPATION:
         PRIVATE JOB VILLAGE JAMUI POLICE STATION
         AND TAHSIL SOHAGPUR DISTRICT SHAHDOL
         (MADHYA PRADESH)

                                                              .....APPLICANT
         (BY SHRI MADAN SINGH - ADVOCATE)

         AND
         THE STATE OF MADHYA PRADESH THROUGH
         POLICE   STATION DHANPURI    SHAHDOL
         (MADHYA PRADESH)

                                                           .....RESPONDENTS
         (BY SHRI S.S. PARIHAR - GOVERNMENT ADVOCATE)

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

This i s fi rst application under Section 439 of the Code of Criminal

Procedure on behalf of the applicant.

Applicant has been arrested on 02.08.2022 in connection with Crime No.110/2022 registered at Police Station-Dhanpuri, District-Shahdol (MP) for the offence under Sections 420, 406, 467, 468, 471, 34 of the Indian Panel Code.

Learned counsel appearing for applicant submitted that as per prosecution story, applicant and co-accused person had taken an amount of

Rs.25,000/- and Rs.03,40,000/- from complainant to open an FDR but had deposited said amount in their own bank accounts. Applicant is innocent and has falsely been implicated in the case. In fact, complainant has taken loan and she had returned the loan amount which was deposited in applicant's account and reflected in bank transaction. On aforesaid grounds, counsel for applicant prays for grant of bail to the applicant.

Learned Government Advocate appearing for State opposed the bail application. It is submitted that police has verified the affidavit given by complainant and she has specifically stated that she had not given any affidavit and in fact, applicant had kept blank signed papers of complainant with him. In

this circumstances, he prays for rejection of bail application.

Faced with aforesaid, counsel for applicant submitted that applicant is ready to deposit alleged defalcated amount of Rs.25,000/- under protest before the trial Court to show his bonafide.

Heard the counsel for the parties.

Considering the aforesaid facts and circumstances of the case and also considering the proposal of applicant to deposit Rs.25,000/- under protest b efo re trial Court, without commenting on the merits of the case, bail application stands allowed.

It is directed that the applicant shall be released on bail on his furnishing personal bond of Rs.50,000/- (Rs. Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court on condition of depositing of Rs.25,000/- in FDR with instruction of automatic renewal to bank 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 shabana SHABANA ANSARI Digitally signed by SHABANA ANSARI DN: c=IN, o=HIGH COURT OF MADHYA PRADESH, ou=HIGH COURT OF MADHYA PRADESH, postalCode=482001, st=Madhya Pradesh, 2.5.4.20=4bc06f2e678b75148b60bb7947ee9ffc5ed27ef1f43a5d4d93d2d13dda510735, pseudonym=B646F86821C200C9792A53984F1D0790135DE39A, serialNumber=8A5E15A33816E651B4DB52BF3225281EF6C191F68E5EBE90A6E101CF42422711, cn=SHABANA ANSARI Date: 2022.09.14 16:53:28 +05'30'