Atul Sharma vs The State Of Madhya Pradesh
2022 Latest Caselaw 12408 MP

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                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                           BEFORE
                                             HON'BLE SHRI JUSTICE VISHAL DHAGAT
                                                ON THE 16th OF SEPTEMBER, 2022

                                           MISC. CRIMINAL CASE No. 39500 of 2022

                                  BETWEEN:-
                                  ATUL SHARMA S/O RAMESHWAR DAYAL
                                  SHARMA,     AGED    ABOUT   57   YEARS,
                                  OCCUPATION:    GOVT.   EMPLOYEE    R/O,
                                  AGYARAM COLONY, VIDISHA, TEHSIL AND
                                  DISTRICT VIDISHA (MADHYA PRADESH)

                                                                                         .....APPLICANT
                                  (BY SHRI VIJAY KUMAR PANDEY - ADVOCATE)

                                  AND
                                  THE STATE OF MADHYA PRADESH THROUGH
                                  POLICE STATION KOTWALI, DISTRICT RAISEN
                                  (MADHYA PRADESH)

                                                                                       .....RESPONDENT
                                  (BY SHRI SANJEEV SINGH PARIHAR - PANEL LAWYER)

                                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 in connection with Crime No.395/2022 registered at Police Station Kotwali, District-Raisen (MP) f o r the offence punishable under Sections 420, 467, 468 and 471 of the Indian Panel Code.

Learned counsel appearing for applicant submitted that applicant is ready to deposit an amount of Rs.5,00,000/- (Rupees Five Lacs) before the trial Curt to show his bonafides. It is submitted that charge-sheet has already been filed Signature Not Verified Signed by: SUNIL KUMAR PATEL Signing time: 9/16/2022 5:46:43 PM

and investigation is complete. On aforesaid ground, counsel for applicant prays for grant of bail to the applicant.

Learned Panel Lawyer appearing for State opposed the bail application. It is submitted that applicant is involved in the offence. He had entered into an agreement to sale the land though land does not belong to him. In this circumstances, offence is made out against the applicant, therefore, he prays for rejection of bail application.

Heard the counsel for the parties.

Challan has already been filed and investigation is complete. Considering the aforesaid facts and circumstances of the case and also

considering the proposal of applicant to deposit Rs.5,00,000/- 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 that applicant will deposit an amount of Rs.5,00,000/- (Rupees Five Lacs) in FDR to show his bonafide 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.

Signature Not Verified Signed by: SUNIL KUMAR PATEL Signing time: 9/16/2022 5:46:43 PM

(VISHAL DHAGAT) JUDGE sp/-

Signature Not Verified Signed by: SUNIL KUMAR PATEL Signing time: 9/16/2022 5:46:43 PM