Madhya Pradesh High Court
Subhash Panchale vs The State Of Madhya Pradesh on 15 January, 2025
Author: Dinesh Kumar Paliwal
Bench: Dinesh Kumar Paliwal
NEUTRAL CITATION NO. 2025:MPHC-JBP:1596
1 MCRC-49624-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE DINESH KUMAR PALIWAL
ON THE 15th OF JANUARY, 2025
MISC. CRIMINAL CASE No. 49624 of 2024
SUBHASH PANCHALE
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Sanjay Sharma, counsel for the applicant.
Shri Alok Agnihotri, G.A. for respondent/State.
ORDER
This is second application filed by the applicant under Section 439 of
Cr.P.C., 1973/Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 for
grant of regular bail relating to FIR No.173/2023, dated 28.06.2023
registered at Police Station Lanji, District Balaghat (M.P.) for commission of
offence punishable under Sections 420, 406, 120-B of IPC and Sections
21(1), 21(2), 21(3) of Banning of Unregulated Deposit Scheme Act,
2019. Applicant is in detention since 06.02.2024.
Applicant's first bail application was dismissed as withdrawn and not
pressed with liberty to renew the prayer for bail after 10 months vide order
dated 09.07.2024 passed in M.Cr.C.No.18297/2024.
2 As per the prosecution story, applicant received Rs.4,00,000,
Rs.1,32,500/- and 3,50,000/- from Suraj, Nihal and Geeta by giving
assurance of making the money double and issued cheques of double money,
but on maturity instead of returning the amount usurped the same. FIR was
NEUTRAL CITATION NO. 2025:MPHC-JBP:1596
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registered. Charge sheet has already been filed.
3. Learned counsel for the applicant has submitted that applicant is in
detention since 06.02.2024. He has not committed any offence. He is
innocent. He has been falsely implicated. Applicant has deposited
Rs.4,41,000/- under protest in the form of FDR before the trial court which is
half of the alleged embezzled money. Final conclusion of the case will take
considerable time. Therefore, it is prayed that applicant may be released on
bail, pending the trial.
4 . On the other hand, learned counsel for the State has opposed the prayer
for grant of bail to the applicant.
5 . Considering the detention period of the applicant including the fact that
final conclusion of trial of the case will take considerable time, but without
expressing anything on the merits of the case, I am of the view that it is a
case in which further pre-trial detention of the applicant is not warranted.
Consequently, this bail application under Section 483 of BNSS, 2023
(Section 439 of Cr.P.C., 1973) for grant of bail filed on behalf of applicant
stands allowed.
6 It is directed that applicant - Subhash Panchale be released on bail on his
furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand
only) with one solvent surety in the like amount to the satisfaction of the
trial Court, for his regular appearance before the trial Court during trial with
a condition that he shall remain present before the concerned Court on all the
dates fixed by it during trial. He shall abide by all the conditions enumerated
under Section 480(3) of BNSS, 2023 [Section 437(3) of Cr.P.C., 1973].
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However, it is made clear that the money deposited by the applicant in
the form of FDR shall not be reimbursed without prior permission of the trial
court. The reimbursement of the money deposited in the form of FDR shall
be made by the trial court in its final judgment.
7 . This order shall be effective till the end of the trial. However, in case of
bail jump and breach of any of the conditions of bail, it shall become
ineffective.
Certified copy as per rules.
(DINESH KUMAR PALIWAL)
JUDGE
MKL
