Madhya Pradesh High Court
Arvind Singh Tomar vs The State Of Madhya Pradesh on 20 December, 2023
Author: Dinesh Kumar Paliwal
Bench: Dinesh Kumar Paliwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE DINESH KUMAR PALIWAL
ON THE 20 th OF DECEMBER, 2023
MISC. CRIMINAL CASE No. 41949 of 2023
BETWEEN:-
ARVIND SINGH TOMAR S/O JAGDISH SINGH TOMAR,
AGED ABOUT 41 YEARS, OCCUPATION: ROJGAR
SAHAYAK VILLAGE PANCHAYAT ATA KARAL GARH
JANPAD MALTHONE R/O VILLAGE ATA KARNALGARH
TEHSIL MALTHONE AND DISTRICT SAGAR (MADHYA
PRADESH)
.....APPLICANT
(BY SHRI P.S. TOMAR - ADVOCATE)
AND
THE STATE OF MADHYA PRADESH THROUGH POLICE
STATION MALTHONE DISTRICT SAGAR (MADHYA
PRADESH)
.....RESPONDENTS
(BY SHRI PRADEEP GUPTA - GOVERNMENT ADVOCATE)
This application coming on for admission this day, the court passed the
following:
ORDER
This is first application filed by the applicant under Section 439 of the
Cr.P.C. for grant of regular bail relating to FIR No.334/2023 dated 03.09.2023,
registered at Police Station - Malthone, District - Sagar (M.P.) for commission
of offence punishable under Section 420, 409, 467, 468, 471 of IPC and
Section 13(1)(A) of the Prevention of Corruption Act, 1988. Applicant is in
detention since 03.09.2023.
2. As per the prosecution story, applicant who at the relevant period of
time was working as Rojgar Sahayak (Assistant) withdrew an amount of
Rs.17,53,690/- in conspiracy with other accused without getting any work done
under MANREGA Scheme. It is alleged that in inquiry no construction work
was found done on the specified places. Applicant and other co-accused
person by preparing forged muster and wage list have embezzled the aforesaid
large amount.
3 . Learned counsel for the applicant has submitted that applicant is
ready to deposit Rs.9.00 lac i.e. almost more than half of the embezzled amount
under protest before the trial Court. After investigation charge sheet has been
filed. Trial of the case will take time. Applicant has no criminal background.
Therefore, it is prayed that the applicant may be released on bail pending the
trial.
4 . O n the other hand, learned counsel for the State has opposed the
prayer for grant of bail to the applicant.
5 . Applicant is ready to deposit Rs.9.00 lac under protest. Having
considered the fact that after investigation, charge sheet has already been filed
and trial of the case will take time, but without expressing anything on the merits
of the case, I am inclined to release the applicant on bail. Consequently, this bail
application under Section 439 of the Code of Criminal Procedure for grant of
bail filed on behalf of applicant, stands allowed.
6. It is directed that upon depositing Rs.9,00,000/- (Rupees Nine Lac)
in the form of Fixed Deposit by the applicant in any nationalized bank, which
shall not be encashable without prior permission of the trial Court, applicant -
Arvind Singh Tomar be released on bail on his furnishing a personal bond in
the sum of Rs.50,000/- (Rupees Fifty thousand only) with one solvent
surety in the like amount to the satisfaction of the trial Court, for his regular
appearance before the trial Court during trial with a condition that he shall
remain present before the concerned Court on all the dates fixed by it during
trial. He shall abide by all the conditions enumerated under Section 437(3) of
Cr.P.C.
7 . This order shall be effective till the end of the trial. However, in case
o f bail jump and breach of any of the conditions of bail, it shall become
ineffective. The amount so deposited shall be subject to final outcome of the
judgment passed by the trial Court.
Certified copy as per rules.
(DINESH KUMAR PALIWAL)
JUDGE
Jasleen
