Madhya Pradesh High Court
Ghasiram Kalbele vs The State Of Madhya Pradesh on 10 May, 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 10 th OF MAY, 2024
MISC. CRIMINAL CASE No. 15911 of 2024
BETWEEN:-
GHASIRAM KALBELE S/O SHRI JAIMAN KALBELE,
AGED ABOUT 52 YEARS, OCCUPATION: FARMER R/O
VILLAGE SIREGAON TEHSIL LANJI DISTRICT
BALAGHAT (MADHYA PRADESH).
.....APPLICANT
(BY SHRI R.S. PATEL - ADVOCATE)
AND
THE STATE OF MADHYA PRADESH THROUGH POLICE
S TAT I O N LANJI DISTRICT BALAGHAT (MADHYA
PRADESH).
.....RESPONDENT
(BY SHRI S.K. SHRIVASTAVA - GOVERNMENT ADVOCATE)
This application coming on for admission this day, the court passed the
following:
ORDER
This is the second application filed by the applicant under Section 439
of the Code of Criminal Procedure for grant of regular bail who is in custody
since 08.02.2024 relating to FIR No.35/2023, registered at Police Station Lanji,
District Balaghat (M.P.) for the offences under Sections 21(1), 21(2) and 21(3)
of Unregulated Deposit Scheme Banning Act, 2019 and Sections 420, 406 and
120-B of the IPC.
2 . Learned counsel appearing for the applicant submitted that
investigation is complete and charge-sheet has been filed. Applicant is in jail
since 08.02.2024. It is submitted that applicant is ready to deposit 50% of the
alleged amount of defalcation and it be kept in FDR and be subject to final
order. In these circumstances, applicant may be released on bail.
3. Learned Government Advocate appearing for the State opposed the
application for grant of bail and submitted that there is clear allegation that
complainant has deposited about Rs. 5 lacs with the applicant. One more case
of similar nature is registered against applicant. In these circumstances,
applicant may not be released on bail.
4. Heard the counsel for the parties.
5. Investigation is complete, charge-sheet has been filed. Applicant is
ready to deposit Rs. 2,50,000/- before the trial Court under protest.
6. Considering aforesaid facts of the case, without commenting on the
merits of the case, bail application filed by applicant is allowed subject to
deposit of Rs. 2,50,000/- (Rupees two lacs fifty thousand only) in form of
FDR before the trial Court with instructions to bank for renewal of same till
pendency of trial. Said FDR shall be subject to final judgment which will be
passed in criminal case. Applicant will mark his presence before local
police station on 1 st of every month till completion of trial.
7. It is directed that the applicant shall be released on bail on furnishing
personal bond of Rs.1,00,000/- (Rs. One lac Only) with one solvent surety in
the like amount 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. C.C. as per rules.
(VISHAL DHAGAT)
JUDGE
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