Citation : 2023 Latest Caselaw 20552 MP
Judgement Date : 5 December, 2023
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VISHAL DHAGAT
ON THE 5 th OF DECEMBER, 2023
MISC. CRIMINAL CASE No. 53237 of 2023
BETWEEN:-
MAHILA RAMVATI AHIRWAR W/O SURESH AHIRWAR,
AGED ABOUT 32 YEARS, OCCUPATION: GOVERNMENT
FAIR PRICE SHOP R/O VILLAGE LAKHERI P.S.
BALDEVGADH DISTRICT TIKAMGARH (MADHYA
PRADESH)
.....APPLICANT
(BY SHRI MANOJ KUSHWAHA - ADVOCATE)
AND
THE STATE OF MADHYA PRADESH THROUGH POLICE
S TA T I O N BALDEVGADH DISTRICT TIKAMGADH
(MADHYA PRADESH)
.....RESPONDENT
(BY SHRI C.S. PARMAR - GOVERNMENT ADVOCATE)
This application coming on for admission this day, the court passed the
following:
ORDER
This is first application under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail.
2. Applicant is apprehending his arrest in connection with Crime No.48/2021 registered at Police Station Baldevgadh District Tikamgarh (M.P.) for offences punishable under Sections 3/7 of the Essential Commodities Act.
3. Learned counsel appearing for the applicant submitted that applicant has not committed any embezzlement. There may be some irregularity in distribution of ration. It is submitted that applicant is ready to deposit
embezzlement amount of Rs.86,612/-.
4. Government Advocate appearing for the State opposed the application for grant of anticipatory bail.
5. Heard the counsel for the parties.
6 . Considering the aforesaid facts and circumstances of the case, the anticipatory bail application is allowed on condition that applicant will deposit Rs.86,612/- before CJM Tikamgarh in the form of FDR and on producing the same before the Arresting Officer, Arresting Officer will release the applicant on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand) with one solvent surety of the like amount to the
satisfaction of the Investigating Officer/Arresting Authority.
7. Disposal of F.D.R. deposited by applicant will be considered by the trial Court at the time of passing of final judgment in the trial.
8. The applicant is directed to join the investigation immediately and to co-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 pn
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