Balchand Pawar vs The State Of Madhya Pradesh
2023 Latest Caselaw 13738 MP

                                                              1
                            IN     THE       HIGH COURT OF MADHYA PRADESH
                                                  AT JABALPUR
                                                       BEFORE
                                         HON'BLE SHRI JUSTICE VISHAL DHAGAT
                                                ON THE 22 nd OF AUGUST, 2023
                                          MISC. CRIMINAL CASE No. 36547 of 2023

                           BETWEEN:-
                           BALCHAND PAWAR S/O SHRI GOPALRAO PAWAR,
                           AGED ABOUT 40 YEARS, R/O GRAM AND POST
                           DEDHDTALAIE   TEHSIL    KHAKNAAR   DISTT.
                           BURHANPUR (MADHYA PRADESH).

                                                                                             .....APPLICANT
                           (BY SHRI ARPAN PAWAR - ADVOCATE)

                           AND
                           STATE OF MADHYA PRADESH THROUGH PS LALBAAG
                           DISTRICT BURHANPUR (MADHYA PRADESH).

                                                                                          .....RESPONDENT
                           (BY SHRI S.K. RAI - GOVERNMENT ADVOCATE)

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

This is first application filed by applicant under Section 439 of Cr.P.C.

for grant of regular bail relating to FIR No.612/2022, registered at Police Station Lalbaag, 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 are said to have transferred govt. money into personal bank accounts. It is submitted t h a t an amount of

Signature Not Verified Rs.5,48,743/- was transferred in his account. It is submitted that applicant is Signed by: VINOD KUMAR TIWARI Signing time: 23-08-2023 17:08:27

ready to deposit the sum of Rs.5,48,743/- 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 . Money has been transferred into his account by other co-accused person. Applicant is ready to deposit an amount of Rs.5,48,743/- before CJM under protest.

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

(i) Applicant shall deposit an amount of Rs.5,48,743/- 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.

9. Applicant may be permitted to withdraw an amount of Rs. 5,48,743/- from the said account to deposit it before the Court. After withdrawal of said amount, investigation authority may consider the case of applicant for de- freezing the accounts, as money has been recovered and deposited by applicant after withdrawal.

10. C.C. as per rules.

Signature Not Verified Signed by: VINOD KUMAR TIWARI Signing time: 23-08-2023 17:08:27

(VISHAL DHAGAT) JUDGE vkt

Signature Not Verified Signed by: VINOD KUMAR TIWARI Signing time: 23-08-2023 17:08:27