Narendra vs The State Of Madhya Pradesh
2023 Latest Caselaw 13311 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. 33632 of 2023

                           BETWEEN:-
                           NARENDRA S/O LATE AVISHWANATH MAHAJAN, AGED
                           ABOUT 47 YEARS, OCCUPATION: SPORTS TEACHER R/O
                           VILLAGE LONI TEHSIL AND DISTT. BURHANPUR
                           (MADHYA PRADESH)

                                                                                            .....APPLICANT
                           (BY MS. SMITA VARMA - ADVOCATE)

                           AND
                           THE STATE OF MADHYA PRADESH THROUGH P.S.
                           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

applicant/accused for grant of anticipatory bail, as he is 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 applicant submitted that as per prosecution story, incident is said to have taken place between 25.06.2010 to 20.06.2017. Applicant along with others is said to have transferred govt. money

Signature Not Verified into personal bank accounts. It is submitted that applicant has not committed Signed by: NEETI TIWARI Signing time: 17-08-2023 12:02:32

any offence. Some other person has transferred money in his account. It is submitted that applicant is ready to deposit the sum of Rs.32,72,239/- (Rupees Thirty Two Lacs Seventy Two Thousand, Two Hundred and Thirty Nine Only), which is said to have been credited in account of applicant under protest. In these circumstances, applicant 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. Applicant is ready to deposit an amount of Rs.32,72,239/- (Rupees Thirty Two Lacs Seventy Two Thousand, Two Hundred and Thirty Nice Only)

before CJM under Protest.

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

(i) Applicant shall deposit an amount of Rs.32,72,239/- 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 applicant and on producing receipt of the amount deposited in connection with the aforesaid crime number and the offences, he be released on anticipatory bail on their furnishing a personal bond in the sum of Rs.1,00,000/- (Rs. One Lac only) with one solvent surety of the like amount to the satisfaction of the Investigating Officer/Arresting Authority.

8. The applicant is directed to join the investigation immediately and co- Signature Not Verified Signed by: NEETI TIWARI Signing time: 17-08-2023 12:02:32

operate with the investigating agency. He 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