Madhya Pradesh High Court
Deepak Singhal vs The State Of Madhya Pradesh on 8 April, 2025
Author: Prem Narayan Singh
Bench: Prem Narayan Singh
NEUTRAL CITATION NO. 2025:MPHC-IND:9630
1 MCRC-11854-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE PREM NARAYAN SINGH
ON THE 8 th OF APRIL, 2025
MISC. CRIMINAL CASE No. 11854 of 2025
DEEPAK SINGHAL
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Shashwat Seth, learned counsel for the applicant.
Shri Virendra Khadav, learned Govt. Advocate for the respondent/State.
ORDER
1. This petition has been filed under Section 528 of the Bharatiya Nagarik
Suraksha Sanhita, 2023 read with Section 482 of the Code of Criminal Procedure
for direction to the Subordinate Court for releasing of FDR which was kept as
security of bail.
2. The brief facts of the case are that the petitioner was falsely implicated in
the crime No. 61/2022 wherein a complaint was made against the co-accused
person namely Sachin Parmar and the petitioner was roped in the offence at the
time of filing of the chargesheet. That, as per prosecution story the present
applicant is having a firm namely Surajmal Chandmal and he has evaded payment
of tax of Rs.7,11,953.61/- and on such complaint by the GST Commissioner to the
ATS Police, an FIR bearing Crime No. 61/2022 was registered against present
applicant.
3. The petitioner was arrested by the prosecution agency on the filing of the
chargesheet and the petitioner had approached the Hon'ble High Court Principal
Seat at Jabalpur for securing the bail in the aforementioned Crime No. 61/2022.
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The petitioner filed bail application as MCRC No. 56899/2023 before Hon.ble
High Court and Hon'ble Court was pleased to grant bail to the petitioner vide order
dated 10.01.2024, at the time of granting the bail the Hon'ble Court laid out a
condition of depositing the alleged tax amount which has been not paid by the
petitioner firm to the tune of 7,11,953.61/- under protest. The petitioner submitted
a FDR of the amount so mentioned in the bail order and there was a clear direction
of the Hon'ble High Court that the FDR would be subject to final outcome of the
trial pending in the Trial Court.
4. Further, petitioner moved a Writ petition against the false implication of
the petitioner in an offence registered by the STF/ATS, Hon'ble High Court, vide
its order dated 30.08.2024, in Writ Petition No. 21645/2024, was pleased to
exonerate the petitioner from all charges. In stead of that, FDR submitted by the
petitioner has not been released. Hence, present petition has been filed.
5. Learned counsel for the applicant has submitted that the bail application
of the petitioner was allowed vide order dated 10.01.2024 by Co-ordinate Bench
of this Court with a condition to deposit Rs.7,11,953/- before the trial Court and
amount which will be deposited by the petitioner shall be kept in FDR and same
will be subject to final judgment passed by the trial Court. Since the petitioner has
been exonerated from all the charges by quashing FIR and consequential
proceedings vide order dated 30.08.2024 passed in Writ Petition No. 21645/5024.
Therefore, there is no need to keep the FDR deposited before the trial Court
because it has been deposited only as a condition of bail so granted to the
petitioner.
6. Learned counsel for the applicant has also submitted that the original FDR
was submitted by the petitioner at that point of time the trial was ongoing under
the jurisdiction of Bhopal and subsequently the trial stood transferred to the
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3 MCRC-11854-2025
jurisdiction of Indore vide order dated 22.06.2024 (Annexure-P/4). Now, all the
record has already been transferred from the Court of Bhopal to trial Court, Indore
and FDR is under the custody of trial Court Indore.
7. Learned Govt. Advocate for the State has also considered the fact that if
the petitioner has been exonerated from all the charges framed against him vide
order dated 30.08.2024 passed in W.P. No. 21645/2024, there is no need to keep
the FDR in the trial Court and that should be released in favour of petitioner.
8. I have gone through the record as well as the earlier orders passed in
M.Cr.C. No. 56899/2023 and W.P.No. 21645/2024.
9. In view of the aforesaid discussion, the orders passed in M.Cr.C. No.
56899/2023 and W.P. No. 21645/2024 and also considering no objection of
counsel for the State, this Court finds it expedite to allow the present application.
Consequently, petition is allowed and the learned trial Court is directed to release
the FDR which was deposited by the petitioner in compliance of order dated
10.01.2024 passed in M.Cr.C. No. 56899/2023, in favour of the petitioner .
10. Accordingly, M.Cr.C. No. 11854/2025 is hereby disposed of.
(PREM NARAYAN SINGH)
JUDGE
Vindesh
