Sadakat vs The State Of Madhya Pradesh
2024 Latest Caselaw 4755 MP

Madhya Pradesh High Court

Sadakat vs The State Of Madhya Pradesh on 19 February, 2024

Author: Vishal Dhagat

Bench: Vishal Dhagat

                                                             1
                            IN    THE       HIGH COURT OF MADHYA PRADESH
                                                 AT JABALPUR
                                                      BEFORE
                                        HON'BLE SHRI JUSTICE VISHAL DHAGAT
                                                ON THE 19 th OF FEBRUARY, 2024
                                          MISC. CRIMINAL CASE No. 7125 of 2024

                           BETWEEN:-
                           SADAKAT S/O SHRI LIYAKAT, AGED ABOUT 52 YEARS,
                           OCCUPATION: PRIVATE JOB R/O LIBBAR HEDI POLICE
                           STATION    MANGLORE      DISTRICT   HARIDWAR
                           (UTTARAKHAND)

                                                                                           .....APPLICANT
                           (BY MS. BHAVNA TRIPATHI - ADVOCATE )

                           AND
                           THE STATE OF MADHYA PRADESH THROUGH POLICE
                           STATION   KOTWALI    DISTRICT  NARSINGHPUR
                           (MADHYA PRADESH)

                                                                                       .....RESPONDENTS
                           (BY SHRI G.S.THAKUR - GOVT. ADVOCATE)

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

This is the first bail application filed by applicant under Section 439 of Code of Criminal Procedure for grant of regular bail relating to FIR No.966/2022, registered at Police Station-Kotwali Narsinghpur, District Narsinghpur (M.P.) for the offence punishable under Sections 420, 406 of Indian Penal Code.

2 . Learned counsel appearing for the applicant submitted that as per prosecution story, applicant did not pay an amount of Rs.4,77,300/- to the farmers due on him. It is submitted that there is no misrepresentation and

cheating done by the applicant. Applicant is also ready to pay said amount. It is submitted that initially, applicant will deposit a sum of Rs.2,35,000/- and rest of the amount will be deposited after a period of six months. In these circumstances, applicant be released on bail.

3. Learned Government Advocate appearing for the State opposed the application for grant of bail and submitted that applicant has committed as inception, applicant had no intention to pay the money to the farmers. After selling the produce, he went to Uttarakhand and could not be arrested for a period of one year. Offence under Section 420 of IPC is also made out against applicant.

4. Heard the learned counsel for the parties.

5. Offence is punishable upto seven years of imprisonment. Counsel for applicant has stated that applicant is ready to deposit an amount of Rs.2,35,000/- immediately and rest amount after a period of six months.

6. Considering aforesaid circumstnaces, bail application filed by the applicant is allowed on following conditions :

(i) Applicant shall deposit an amount of Rs.2,35,000/-

immediately and within further period of six months, applicant will deposit rest of the amount i.e. Rs.2,42,300/- before trial Court, which will be kept in form of FDR.

(ii) Amount deposited by applicant will be subject to final judgment which will be passed by the trial Court.

7. It is directed that the applicant shall be released on bail on production of receipt showing deposit of amount of Rs.2,35,000/- and on his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety in the like amount and also security of Rs.2,00,000/- to the satisfaction of the trial Court concerned for his regular appearance before Court

on all such dates as may be fixed in this regard during pendency of trial.

8. The applicant shall also abide by the following conditions of Section 437(3) of Cr. P. C. as under:-

(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter;

(b) that such person shall not commit any offence similar to the offence of which he is accused, or suspected of the commission of which he is suspected and;

(c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

9. Certified copy as per rules.

(VISHAL DHAGAT) JUDGE nd