Prakash Mahajan vs The State Of Madhya Pradesh
2023 Latest Caselaw 13306 MP

                                                             1
                            IN     THE      HIGH COURT OF MADHYA PRADESH
                                                 AT JABALPUR
                                                      BEFORE
                                        HON'BLE SHRI JUSTICE VISHAL DHAGAT
                                                ON THE 16 th OF AUGUST, 2023
                                         MISC. CRIMINAL CASE No. 29851 of 2023

                           BETWEEN:-
                           PRAKASH MAHAJAN S/O LATE SHRI SHIVRAM
                           MAHAJAN, AGED ABOUT 60 YEARS, OCCUPATION:
                           AGRICULTURIST    RESIDENT     OF    VILLAGE
                           KHAKNARKALA POLICE STATION KHAKNAR DISTRICT
                           BURHANPUR (MADHYA PRADESH)

                                                                                           .....APPLICANT
                           (BY SHRI N.P.VARMA - ADVOCATE)

                           AND
                           THE STATE OF MADHYA PRADESH THROUGH POLICE
                           STATION LALBAGH DISTRICT BURHANPUR (MADHYA
                           PRADESH)

                                                                                       .....RESPONDENTS
                           (BY SHRI NARENDRA CHOURASIYA - GOVT. ADVOCATE)

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

This is first application filed by applicant/accused under Section 439 for grant of regular bail relating to FIR No.612/2022, registered at Police Station Lalbagh, District Burhanpur (M.P.) for the offences punishable under Sections 420, 409 and 34 of Indian Penal Code.

2 . Learned counsel appearing for the applicant submitted that as per prosecution story, incident is said to have taken place between 25.06.2010 to 20.06.2017. Applicants along with others are said to have transferred govt. money into personal bank accounts. It is submitted that applicant is farmer and Signature Not Verified Signed by: NEETI TIWARI Signing time: 17-08-2023 12:02:32

an amount of Rs.26,50,000/-was transferred in his account. When said offence was detected, applicant had immediately returned Rs.15 Lacs. It is submitted that applicant is further ready to deposit the sum of Rs.11,50,000/- before CJM Burhanpur. In these circumstances, applicant may be enlarged on bail.

3 . Learned Govt. Advocate appearing for the State opposed the application for grant of bail.

4. Heard the learned counsel for the parties.

5. Applicant does not have any criminal record. Money has been transferred into his account by other co-accused person. Applicant has also returned substantial amount of money. Applicant is ready to deposit an amount

of Rs.11,50,000/- (Rupees Eleven Lacs Fifty Thousand Only) before CJM under Protest.

6 . Considering aforesaid circumstances, bail application filed by the applicant is allowed on conditions that:

(i) Applicant shall deposit an amount of Rs.11,50,000/- before C.J.M Burhanpur within 30 days. Amount deposited will be kept in form of FDR and will be subject to final judgment which will be passed by the trial court.

(ii) Applicant will produce receipt of the same before the Court.

7. On deposit of aforesaid amount, applicant be released on bail on his furnishing personal bond of Rs.1,00,000/-(Rupees One Lac only) with one solvent surety in the like amount to the satisfaction of the trial Court.

8. Applicant shall abide by the conditions stipulated in Section 437 (3) of Cr. P. C.

C.C. as per rules.

Signature Not Verified Signed by: NEETI TIWARI Signing time: 17-08-2023 12:02:32

(VISHAL DHAGAT) JUDGE nd

Signature Not Verified Signed by: NEETI TIWARI Signing time: 17-08-2023 12:02:32