Atul vs The State Of Madhya Pradesh
2024 Latest Caselaw 3479 MP

Madhya Pradesh High Court

Atul vs The State Of Madhya Pradesh on 6 February, 2024

Author: Subodh Abhyankar

Bench: Subodh Abhyankar

                                                          1
                          IN    THE       HIGH COURT OF MADHYA PRADESH
                                                AT INDORE
                                                      BEFORE
                                      HON'BLE SHRI JUSTICE SUBODH ABHYANKAR
                                            ON THE 6 th OF FEBRUARY, 2024
                                         MISC. CRIMINAL CASE No. 2540 of 2024

                         BETWEEN:-
                         1.    ATUL S/O SHIV KUMAR YADAV, AGED ABOUT 38
                               Y E A R S , OCCUPATION:    SERVICE   GRAM
                               SIYONDRA, TEHSIL BILARI , (UTTAR PRADESH)

                         2.    PANNALAL S/O BHAGIRATH JI RATHORE, AGED
                               ABOUT 54 YEARS, OCCUPATION: SERVICE GRAM
                               MULTHAN TEHSIL BADNAWAR DISTRICT DHAR
                               (MADHYA PRADESH)

                                                                                     .....PETITIONERS
                         (BY SHRI AKSHAT PAHADIA, ADVOCATE)

                         AND
                         THE STATE OF MADHYA PRADESH THROUGH: STATION
                         HOUSE OFFICER POLICE STATION SARDARPUR
                         (MADHYA PRADESH)

                                                                                     .....RESPONDENT
                         ( BY SHRI MUKESH SHARMA, GOVT. ADVOCATE APPEARING ON
                         BEHALF OF ADVOCATE GENERAL).

                               This application coming on for admission this day, the court passed the
                         following:
                                                           ORDER

This petition has been filed by the petitioners under Section 482 of the Cr.P.C. for releasing of the amount as directed to be deposited by the petitioners in compliance of the orders passed by this Court in M.Cr.C.No.33040/2020 (Atul vs. State of M.P.) dated 16.10.2020 as also in M.Cr.C.No.1681/2020 (Pannalal vs. State of M.P.) dated 15.7.2020. Vide the aforesaid orders, this Court had directed the petitioner No.1-Atul and the

petitioner No.2-Pannalal were directed to deposit for a sum of Rs.20,00,000/- and Rs.15,00,000/- respectively through Fixed Deposits in the Bank of India.

Counsel for the petitioners has submitted that since there was no further direction issued by this Court in the aforesaid bail orders as to how the amount has to be dealt with after the trial is over. Hence, after the petitioners have been acquitted from the said offences by the trial court in S.T. No.43/2020 dated 22.11.2023, the petitioners have now approached before this Court for release of the aforesaid amount. Counsel has further submitted that although the petitioners had approached before the trial court for releasing of the amount but, it was informed that since the order has been passed by this Court only, the

trial court would have no jurisdiction to pass any order in the aforesaid matter. Copy of the judgment of acquittal dated 22.11.2023 has also been placed on record.

Counsel for the respondent/State, on the other hand, submits that appropriate order may be passed.

Having considered the above submissions, perusal of the documents filed on record, as also the orders passed by this Court in M.Cr.C.Nos.33040/2020 and 1681/2020 and the fact that the petitioners have already been acquitted from the offences by the trial court vide its judgment dated 22.11.2023, no reason for this Court to further withhold the Fixed Deposits, which have been submitted by the petitioners.

In view of the same, the present M.Cr.C. stands allowed and it is directed that the Fixed Deposits which have been submitted by the petitioners for a sum of Rs.20,00,000/- and Rs.15,00,000/- respectively drawn on Bank of India be released to them forthwith.

Certified copy, as per rules.

(SUBODH ABHYANKAR) JUDGE moni