Citation : 2023 Latest Caselaw 18938 MP
Judgement Date : 8 November, 2023
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VISHAL DHAGAT
ON THE 8 th OF NOVEMBER, 2023
MISC. CRIMINAL CASE No. 46240 of 2023
BETWEEN:-
PURVANSHI SINGH W/O SHRI CHAND SINGH, AGED
ABOUT 26 YEARS, OCCUPATION: LABOUR R/O WARD
NO 01 FILTER TOLA KOTMA DISTRICT ANUPPUR
(MADHYA PRADESH)
.....APPLICANT
(BY SHRI ASHOK KUMAR TIWARI - ADVOCATE)
AND
THE STATE OF MADHYA PRADESH THROUGH POLICE
S TAT I O N GAUTAM NAGAR DISTRICT BHOPAL
(MADHYA PRADESH)
.....RESPONDENT
(BY SHRI S. K. RAI - GOVT. ADVOCATE)
This application coming on for admission this day, the court passed the
following:
ORDER
1. This is an application filed under Section 439 of Cr.P.C. on behalf of applicant, who is in jail since 30.5.2023 in connection with Crime No. 655/2022, registered at Police Station Gautam Nagar District Bhopal for the offence punishable under Section 408 of the Indian Penal Code.
2 . Learned counsel appearing for the applicant submitted that applicant is a woman and has been falsely implicated in the case. In these circumstances, applicant may be enlarged on bail.
3 . Learned counsel appearing for the State has opposed the bail Signature Not Verified Signed by: ARVIND KUMAR DUBEY Signing time: 11/9/2023 3:30:45 PM
application and submitted that applicant was working in firm of one Sanjay who was Director of Company. He found that about Rs. 13 lakhs has been deposited in the account of applicant. Company/Firm has supplied articles/goods to various third party. Applicant contacted said third party and got the amount deposited in her personal account. In these circumstances, application may not be enlarged on bail.
4. At this stage, counsel appearing for the applicant submitted that applicant under protest will deposit the said amount to show her bonafide and innocence.
5. Heard learned counsel for the parties.
6. Considering the fact that applicant is ready to deposit an amount of Rs. 13 Lakhs under protest to show her bonafide, bail application filed by the applicant is allowed on condition that applicant will deposit an amount of Rs. 13 Lakhs before the trial Court/Chief Judicial Magistrate, Bhopal and the said amount will be kept in FDR and will be disposed off at the time of passing of final judgment.
7. It is directed that the applicant shall be released on bail on her furnishing personal bond in the sum of Rs. 50,000/- (Rupees Fifty thousands only) with one solvent surety in the like amount to the satisfaction of the trial Court.
8. In addition to aforesaid condition, the applicant shall abide by the conditions enumerated in Section 437(3) of Cr.P.C.
Certified copy as per rules.
(VISHAL DHAGAT) JUDGE Signature Not Verified Signed by: ARVIND KUMAR DUBEY Signing time: 11/9/2023 3:30:45 PM
DUBEY/-
Signature Not Verified Signed by: ARVIND KUMAR DUBEY Signing time: 11/9/2023 3:30:45 PM
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