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Madhya Pradesh High Court
Vatsala Shivhare vs The State Of Madhya Pradesh on 31 March, 2026
NEUTRAL CITATION NO. 2026:MPHC-JBP:25469
1 MCRC-13868-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE DEVNARAYAN MISHRA
ON THE 31st OF MARCH, 2026
MISC. CRIMINAL CASE No. 13868 of 2026
VATSALA SHIVHARE
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Manish Dutt - Senior Advocate with Shri Abhinav Dubey - Advocate for the
applicant.
Shri C.K. Mishra - Government Advocate for the respondent/State.
ORDER
This is the first application filed by the applicant under Section 482 of
Bharatiya Nagrik Suraksha Sanhita, 2023, seeking anticipatory bail in
connection with Crime No.137/2023 registered at Police Station Nainpur,
District Mandla, for the offence punishable under Sections 420, 467, 468,
471, 409, 120-B, 34, 477-A, 201 of the Indian Penal Code; Sections 66(1),
66(gha) of the Information Technology Act and Sections 12, 13(1)(a), 13(2)
of the Prevention of Corruption Act.
2. Learned Senior Advocate appearing on behalf of applicant has
submitted that from 09.12.2021 to 14.11.2022, the applicant was posted as
the Chief Executive Officer, Janpad Panchayat Nainpur, District Mandla. It
is alleged that the computer operator namely Jitendra Janghela has
misappropriated/embezzled an amount of Rs.8,59,000/- through 11 APOs by
transferring the amount in the accounts of his near, dear and relatives. As per
NEUTRAL CITATION NO. 2026:MPHC-JBP:25469
2 MCRC-13868-2026
prosecution case itself, at the relevant point of time, the Digital Signature
Certificate (DSC) of one G.K. Jain was used, but not of this applicant. She
was not having any knowledge about such fraud. As per the enquiry report
submitted by four officers of the Revenue Department, it has been concluded
that Jitendra Janghela was the person, who embezzled the amount of
Rs.1,16,56,001.60, but there was no mention about any conspiracy or
consent of this applicant. As per the notice issued to the applicant, she
submitted her reply (Anneuxre-A/5) before the Collector. The main offender
has been given the benefit of regular bail. Investigation will take time to be
concluded. The applicant is a Government servant and there is no chance of
her absconding, hence, she be given the benefit of anticipatory bail.
3. Learned counsel for the respondent/State has opposed the
anticipatory bail application and submitted that as per the memorandum of
co-accused, the applicant was receiving 50% of the amount withdrawn
illegally. The DSC was provided by the officer himself/herself and in these
circumstances, the applicant is equally liable for the offence, hence, no case
of anticipatory bail is made out.
4. Heard the parties and perused the case diary.
5. In the enquiry report itself, there is no allegation that the CEO was
involved. At the time of withdrawal of money and during the period of this
applicant, the DSC of G.K. Jain was used, but not of this applicant. There is
difference between intention of committing offence and being negligent.
6. Considering the aforesaid factual aspects of the case, this Court
deems it appropriate to enlarge the applicant on anticipatory bail. Thus,
NEUTRAL CITATION NO. 2026:MPHC-JBP:25469
3 MCRC-13868-2026
without commenting anything on the merits of the case, the application is
allowed.
7. It is directed that in the event of arrest, the applicant shall be
enlarged on bail on her furnishing a personal bond in a sum of Rs.50,000/-
(Rupees Fifty Thousand Only) with one solvent surety of the like amount to
the satisfaction of the Arresting Officer/trial Court for her appearance before
the concerned during the course of investigation or during trial Court, as the
case may be.
8. The applicant is directed to cooperate with the investigating agency
and if required by the police, also appear on the date and time directed by the
Investigating Officer.
9. It is further directed that the applicant shall abide by all the
conditions as enumerated under Section 482(2) of BNSS.
10. Accordingly, the application stands disposed of.
Certified copy as per rules.
(DEVNARAYAN MISHRA)
JUDGE
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