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2023 DIGILAW 310 (MP)

Laxman @ Laxminarayan v. State of Madhya Pradesh

2023-02-27

SUBODH ABHYANKAR

body2023
JUDGMENT Subodh Abhyankar, J. - They are heard. Perused the case diary / challan papers. 2. This is the applicant's first application under Section 439 of Criminal Procedure Code, 1973, as he / she is arrested in connection with Crime No.320/2022 registered at Police Station-Maheshwar, District-Khargone (MP) fo r offence punishable under Sections 420, 406, 120-B of the IPC. The applicant is in custody since 05.09.2022. 3. In the present case, the allegation against the applicant is of defalcation of Rs.6,93,675/-. and out of which, the material recovered from the applicant is of Rs.2,98,420/- and thus, the remaining amount of Rs.3,95,255/-is still to be recovered from the applicant. 4. Counsel for the applicant has submitted that the amount seized from the applicant has already been given on supurdaginama to the complainant and he has already granted bail in other connected matter. Thus, it is submitted that the applicant be released on bail. 5. Counsel for the respondent / State has opposed the prayer. 6. On due consideration of submissions and on perusal of the case diary as also the documents filed on record, taking note of the fact that there is a deficit of Rs.3,95,000/- in respect of material recovered from the applicant, this Court finds it expedient to allow the present application, subject to deposit an amount of Rs.1,50,000/- (Rupees One Lakh Fifty Thousand only), out of which, Rs.50,000/-(Rupees Fifty Thousand only) before his release i.e. at the time of furnishing the bail bond in a fixed deposit in a nationalized bank and producing the receipt/certificate of the same before the concerned trial Court and rest of Rs.1,00,000/- (Rupees One Lac.only) to be deposited by the applicant in two equal installments of Rs.50,000/- (Rupees Fifty Thousand only) within a period of two months from the date of his release in a fix deposit in a nationalized bank and producing the receipt/certificate of the same before the concerned trial Court and the said amount shall be subject to the final outcome of the case by the trial Court. The deposit receipt/certificate so produced by the applicant shall be endorsed by the learned Judge of the lower Court to be 'furnished towards the bail of the applicant and shall be subject to the final decision of the case by the trial Court'. 7. Accordingly, without adverting to the merits of the case, the application filed by the applicant is hereby allowed. 7. Accordingly, without adverting to the merits of the case, the application filed by the applicant is hereby allowed. The applicant is directed to be released on bail upon furnishing a personal bond in the in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of the trial Court for his/her regular appearance before the trial Court during trial with a condition that he / she shall remain present before the court concerned during trial and shall also abide by the conditions enumerated under Section 437 (3) Criminal Procedure Code, 1973. 8. Certified copy as per rules.