Amar Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 13309 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. 33748 of 2023

                           BETWEEN:-
                           1.    AMAR SINGH S/O LATE SHRI PARSRAM PATEL,
                                 AGED ABOUT 70 YEARS, R/O PIPAIRYA ROAD
                                 BARELI WARD NO 7 DISTT. RAISEN (MADHYA
                                 PRADESH)

                           2.    AMBIKA PATEL W/O AMAR SINGH, AGED ABOUT
                                 66 YEARS, R/O PIPAIRYA ROAD BARELI WARD NO
                                 7 DISTT. RAISEN (MADHYA PRADESH)

                                                                                           .....APPLICANT
                           (BY SHRI VIJAYENDRA SINGH CHOUDHARY)

                           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

T h is is first application filed under Section 438 of Cr.P.C by applicants/accused for grant of anticipatory bail, as they are under apprehension of arrest 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 applicants submitted that as per Signature Not Verified Signed by: NEETI TIWARI Signing time: 17-08-2023 12:02:32

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 applicants are husband and wife and an amount of Rs.23 Lacs has been transferred in account of applicants. Applicants have not committed any offence. Some other person has transferred money in their account. It is submitted that applicants are ready to deposit the sum of Rs.23 Lacs before CJM Burhanpur. In these circumstances, applicants may be enlarged on anticipatory bail.

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

4. Heard the learned counsel for the parties.

5. Applicants are ready to deposit an amount of Rs.23 Lacs (Rupees Twenty Three Lacs Only) before CJM under Protest.

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

(i) Applicants shall deposit an amount of Rs.23 Lacs 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 Investigating Officer.

7. It is also directed that in the event of arrest of applicants and on producing receipt of the amount deposited in connection with the aforesaid crime number and the offences, they be released on anticipatory bail on their furnishing a personal bond in the sum of Rs.1,00,000/- (Rs. One Lac only) each with one solvent surety of the like amount to the satisfaction of the Investigating Officer/Arresting Authority. Signature Not Verified Signed by: NEETI TIWARI Signing time: 17-08-2023 12:02:32

8. The applicants are directed to join the investigation immediately and co-operate with the investigating agency. They will further abide by the conditions enumerated in sub-section (2) of Section 438 of the Cr.P.C.

Certified copy as per rules.

(VISHAL DHAGAT) JUDGE nd

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