Chetram Meena vs The State Of Madhya Pradesh
2023 Latest Caselaw 14190 MP

                                                       1
                            IN    THE     HIGH COURT OF MADHYA PRADESH
                                               AT JABALPUR
                                                    BEFORE
                                      HON'BLE SHRI JUSTICE VISHAL DHAGAT
                                            ON THE 29 th OF AUGUST, 2023
                                        MISC. CRIMINAL CASE No. 36679 of 2023

                           BETWEEN:-
                           ANIL MEENA S/O RAMJI LAL, AGED ABOUT 26 YEARS,
                           R/O   62 MAYUR    VIHAR    JAGATPURA JAIPUR
                           (RAJASTHAN)

                                                                               .....APPLICANT
                           (BY SHRI SUNDARAM SINGH - ADVOCATE)

                           AND
                           THE STATE OF MADHYA PRADESH THROUGH POLICE
                           STATION   CRIME BRANCH DISTRICT BHOPAL
                           (MADHYA PRADESH)

                                                                             .....RESPONDENT
                           (BY SHRI PRAMOD CHOUBEY - GOVERNMENT ADVOCATE)

                                        MISC. CRIMINAL CASE No. 38483 of 2023

                           BETWEEN:-
                           1.    CHETRAM MEENA S/O SHRI RAM KAILASH
                                 MEENA, AGED ABOUT 23 YEARS, OCCUPATION:
                                 STUDENT RESIDENT OF 62 MAYUR VIHAR
                                 JAGATPURA JAIPUR (RAJASTHAN)

                           2.    DINESH MEENA S/O SHRI KAILASH CHAND
                                 MEENA, AGED ABOUT 26 YEARS, OCCUPATION:
                                 STUDENT R/O 62 MAYUR VIHAR JAGATPURA
                                 JAIPUR (RAJASTHAN)

                                                                              .....APPLICANTS
                           (BY SHRI ANIL KHARE - SENIOR ADVOCATE WITH SHRI SAHIL SHARMA -
                           ADVOCATE)

                           AND
                           THE STATE OF MADHYA PRADESH THROUGH POLICE
Signature Not Verified
Signed by: PANKAJ NAGLE
Signing time: 29-08-2023
17:58:44
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                           STATION  CRIME BRANCH               DISTRICT       BHOPAL
                           (MADHYA PRADESH)

                                                                                          .....RESPONDENT
                           (BY SHRI PRAMOD CHOUBEY - GOVERNMENT ADVOCATE)

                                 These applications coming on for admission this day, the court passed
                           the following:
                                                                ORDER

These are first applications filed by the applicants under Section 439 of the Code of Criminal Procedure for grant of regular bail, who are in jail since 11.07.2023 relating to FIR/Crime No.77/2023 registered at Police Station Crime Branch District Bhopal (M.P.) for the offences 419, 420, 467, 468 of the IPC.

2. Learned Senior Advocate appearing for the applicants submitted that as per prosecution story, applicants is said to embezzle an amount of Rs.17 lacs by acting hand in glove with other persons by changing articles in delivery packages to be delivered to them. It is submitted that as per allegations, delivery packets were received by applicants and after removing the articles from it, they filled the packets with some other articles and the packets were returned to the company. This way the company has been defrauded as they did not get back the original articles, which was sent to the company. It is submitted that total amount of Rs.17 lacs is said to have been misappropriated by applicants. There are five accused persons in the case. One accused namely Ram Manohar was released on bail. He was purchaser of the articles, which was taken away by

applicants by cheating company. Four accused persons are ready to pay 1/4 th of the cheated amount each. In these circumstances, the applicants may be granted bail.

3. Learned Government Advocate appearing for the State opposed the application for grant of bail and submitted that applicants have duped company Signature Not Verified Signed by: PANKAJ NAGLE Signing time: 29-08-2023 17:58:44

of Rs.17 lacs. Offence of cheating as well as forgery has been committed, which is punishable upto life imprisonment. In these circumstances, the applicants may not be granted bail.

4. Heard the counsel for the parties.

5. The applicants are ready to deposit their share of money by which they have duped the company.

6. Considering 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 applicants is allowed on following directions:-

(i ) The applicants will deposit an amount of Rs. 4,25,000/- (Rs. Four lacs twenty five thousand only) each before the Remand Court concerned,

(ii) Said amount be kept in FDR with a nationalized bank by concerned Remand Court,

(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.

7. It is directed that applicants be released on bail on their furnishing personal bond of Rs.1,00,000/-(Rs. One lac only) e a c h with two solvent sureties in the like amount to the satisfaction of the concerned trial Court.

8. The applicants shall abide by the following conditions of Section 437

(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 they are accused, or suspected of the commission of which they are suspected and;

Signature Not Verified Signed by: PANKAJ NAGLE Signing time: 29-08-2023 17:58:44

(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.

C.C. as per rules.

(VISHAL DHAGAT) JUDGE pn

Signature Not Verified Signed by: PANKAJ NAGLE Signing time: 29-08-2023 17:58:44