Poonam Singh Chandel vs The State Of Madhya Pradesh
2023 Latest Caselaw 13911 MP

Citation : 2023 Latest Caselaw 13911 MP
Judgement Date : 24 August, 2023

Madhya Pradesh High Court

Poonam Singh Chandel vs The State Of Madhya Pradesh on 24 August, 2023

Author: Vishal Dhagat

                                                             1
                            IN     THE      HIGH COURT OF MADHYA PRADESH
                                                 AT JABALPUR
                                                      BEFORE
                                        HON'BLE SHRI JUSTICE VISHAL DHAGAT
                                                ON THE 24 th OF AUGUST, 2023
                                         MISC. CRIMINAL CASE No. 37276 of 2023

                           BETWEEN:-
                           POONAM SINGH CHANDEL W/O SHRI SANTOSH SINGH
                           CHANDEL, AGED ABOUT 38 YEARS, OCCUPATION:
                           HOUSEWIFE VILLAGE GORA, POLICE STATION SARAI,
                           DISTRICT- SINGRAULI (MADHYA PRADESH).

                                                                                          .....APPLICANT
                           (BY SHRI VIVEK SHUKLA - ADVOCATE)

                           AND
                           THE STATE OF MADHYA PRADESH THROUGH POLICE
                           STATION SARAI DISTRICT- SINGRAULI (MADHYA
                           PRADESH)

                                                                                      .....RESPONDENTS
                           (BY SHRI NARENDRA CHOURASIA - GOVERNMENT ADVOCATE)

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

This is first application under Section 439 of the Code of Criminal Procedure for grant of regular bail relating to FIR No. 733/2023 registered at Police Station Sarai, District Singrauli (M.P.) for the offence under Sections 406, 420 and 120-B of Indian Penal Code.

2. Learned counsel appearing for applicant submitted that applicant is innocent and has falsely been implicated in the case. She is not beneficiary of the amount. Money has been withdrawn by her husband Santosh Singh. It is submitted that as per the allegations made in the prosecution story, an amount Signature Not Verified Signed by: VINOD KUMAR TIWARI Signing time: 25-08-2023 16:05:32

of Rs. 21 lacs was credited in account of applicant and applicant is said to have withdrawn said amount. It is submitted that applicant is ready to deposit said amo unt under protest regarding which there is allegation of withdrawal. Applicant is in jail since 30.07.2023. It is further submitted that applicant will cooperate in trial and will not influence the witnesses or tamper with evidence of case. In these circumstances, applicant may be released on bail.

3. Learned Government Advocate appearing for the State opposed the application for grant of bail. It is submitted that as per bank account statement of applicant, Rs. 21 lacs has been credited into the account of applicant, which has been withdrawn by her. In these circumstances, applicant may not be

released on bail.

4. Heard the counsel for the parties.

5. Considering the facts and circumstances of the case and the fact that completion of trial is likely to take some time, without expressing any opinion on the merits of the case, bail application filed by the applicant is allowed on following directions:-

(i) The applicant will deposit an amount of Rs. 21,00,000/- (Rs. Twenty One Lacs) before the C.J.M. concerned.

(ii) Said amount be kept in FDR with a nationalized bank by CJM.

(iii) Said amount will be subject to final judgment which will be passed by the trial Court and trial Court will pass the order of disposal of FDR in accordance with judgment which may be passed in the case.

6. It is directed that applicant be released on bail on 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.

7. The applicant shall abide by the following conditions of Section 437 Signature Not Verified Signed by: VINOD KUMAR TIWARI Signing time: 25-08-2023 16:05:32

(3) of Cr. P. C. as under:-

(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter;

(b) that such person shall not commit any offence similar to the offence of which he is accused, or suspected of the commission of which he is suspected and;

(c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.