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2020 DIGILAW 1206 (MP)

Laltaram Sonwani v. State Of Madhya Pradesh

2020-11-09

NANDITA DUBEY

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JUDGMENT Nandita Dubey, J. - Heard. 2. This is the first bail application filed by the applicant under Section 438 of Cr.P.C. for grant of anticipatory bail. 3. The applicant apprehends his arrest in connection with Crime No. 783/2020 registered at Police Station Kotwali, District Shahdol for the offences punishable under Sections 409, 420, 467, 468, 471 and 120-B of IPC. 4. As per prosecution story, one Virendra Singh has lodged a complaint on 08.10.2020 alleging that on 24.02.2020 a conference of Unorganized Labour Mahapachayat was organized in Panagar, Jabalpur for which buses were acquired by the District Magistrate, Shahdol, accordingly buses of complainant as well as buses of other operators were also acquired; however, the payment of other bus operators was made by Labour Officer Sandhya Sharma and the then Incharge RTO, Laltaram Sonwani, i.e. the present applicant but no payment was made to the complainant. 5. The allegation against the present applicant is that in connivance with Sandhya Sharma made the payment after preparing the forged documents. 6. Learned counsel for the applicant has submitted that the present applicant has been falsely implicated. He was the then Incharge RTO in the year 2018 and was not at all involved in the acquisition of buses nor in the payment of the said amount. It is submitted that the incident is of the year 2018, however, the FIR was lodged after two years in October, 2020. It is further submitted that power to acquire buses was granted to the Collector vide circular/letter dated 16.02.2018. According to which, after verifying the bills the same shall be forwarded to M.P. Shahri/Gramin Asangathit Karmkar Kalyan Mandal, who after again verifying the same made the amount available to the Collector for payment to the concerned bus operators. 7. Learned Panel Lawyer for the respondent/State fairly submits that the order of acquisition for acquiring the buses was issued by the Collector which also mentions the name of bus operators and the number of buses that has to be acquired for the said programme. He further submits that the cheque was issued by the Labour Inspector Sandhya Sharma and not by the applicant, then Incharge RTO. 8. He further submits that the cheque was issued by the Labour Inspector Sandhya Sharma and not by the applicant, then Incharge RTO. 8. On due consideration of the documents on record, prima facie it seems that the Collector has passed the order of acquiring the buses from the bus operators as per circular/letter dated 16.02.2018, the payment was to be made by Collector. Prima facie no role of present applicant is made out in the said transaction. 9. Considering the overall facts and circumstances and the documents on record, this application is allowed. 10. It is directed that in the event of arrest, applicant Laltaram Sonwani shall be released on bail on his furnishing a personal bond in a sum of Rs. 50,000/- (Rs. Fifty Thousand only) with one surety in the like amount to the satisfaction of arresting officer. 11. This order will remain operative subject to compliance of the following conditions by the applicant:- 1. The applicant will comply with all the terms and conditions of the bond executed by him; 2. The applicant will make himself available as and when called for interrogation and cooperate in the investigation/trial, as the case may be; 3. The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to the Police Officer, as the case may be; 4. The applicant will not seek unnecessary adjournments during trial; 5. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be; and 6. If the applicant commits any offence while being on anticipatory bail, then this order shall automatically stand cancelled without reference to the Court. 12. A typed copy of this order be forwarded by the Registry to the Office of the Advocate General and to Mr. H.S. Hora, learned Panel Lawyer, on their respective email addresses, for intimation to the police station concerned. 13. Certified copy/e-copy as per rules/directions.