Samraw Nagwanshi vs The State Of Madhya Pradesh
2023 Latest Caselaw 16296 MP

                                  1
 IN       THE     HIGH COURT OF MADHYA PRADESH
                       AT JABALPUR
                           BEFORE
             HON'BLE SHRI JUSTICE VISHAL DHAGAT
                    ON THE 4 th OF OCTOBER, 2023
                MISC. CRIMINAL CASE No. 37282 of 2023

BETWEEN:-
SAMRAW      NAGWANSHI   S/O SHRI   MANTLAL
NAGWANSHI, AGED ABOUT 46 YEARS, OCCUPATION:
GOVERNMENT TEACHER RESIDENT OF BEHIND OF
DEO BUNGALOW SAXENA COLONY CHHINDWARA TAH
AND DISTT. CHHINDWARA (MADHYA PRADESH)

                                                               .....APPLICANT
(BY SHRI MANISH DATT - SENIOR ADVOCATE WITH SHRI NEERAJ SHAH
- ADVOCATE)

AND
THE STATE OF MADHYA PRADESH THROUGH POLICE
STATION CITY KOTWALI DISTRICT CHHINDWARA
(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 filed by the applicant under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail relating to FIR No.474/2023 registered at Police Station-City Kotwali Chhindwara, District- Chhindwara (MP) for the offences under Sections 420, 406, 409, 34, 120-B of the IPC

2. Learned senior counsel appearing for the applicant submitted that as per prosecution story, applicant is said to have cheated Government with an

amount of Rs.1,63,000/-. Applicant is ready to deposit said defalcated amount under protest. No cheating, forgery or criminal breach of trust has been committed by the applicant. In these circumstances, applicant may be granted anticipatory bail.

3. Learned Government Advocate appearing for the State opposed the application for grant of anticipatory bail.

4. Heard the counsel for the parties.

5. Applicant is ready to deposit an amount of Rs.1,63,000/- under protest before concerned CJM regarding which allegation is made against him.

6. Considering aforesaid circumstances, anticipatory bail application filed

by the applicant is allowed on following conditions:-

(i) Applicant shall deposit an amount of Rs.1,63,000/- before Court of C.J.M, Chhindwara (MP) within 30 days. Amount deposited will be kept in form of FDR and will be subject to final judgment which will be passed by the trial court.

(ii) Applicant will produce receipt of the same before the Investigating Officer.

(iii) If said amount is not deposited then no application will be entertained for modification of conditions of bail order.

7 . It is also directed that in the event of arrest of applicant and on producing receipt of the amount deposited in connection with the aforesaid crime number and the offences, he be released on anticipatory bail on furnishing a personal bond in the sum of Rs.50,000/- (Rs.fifty thousand only) with one solvent surety of the like amount to the satisfaction of the Investigating Officer/Arresting Authority.

8. This order will remain operative subject to compliance of the following

conditions also by the applicant :

1. The applicant will comply with all the terms and conditions of the bond executed by him

2. The applicant will cooperate in the investigation/trial, as the case may be;

3. The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to the Police Officer, as the case may be;

4. The applicant shall not commit offence similar to the offence of which he is accused;

5. The applicant will not seek unnecessary adjournments during the trial; and

6. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

Certified copy as per rules.

(VISHAL DHAGAT) JUDGE shabana Digitally signed by SHABANA ANSARI Date: 2023.10.04 17:33:31 +05'30'