Partly allowed

Chainsingh v. the State of Madhya Pradesh

Madhya Pradesh HC10 Apr 2023MCRC/49958/2022

Case brief

AI extract

What is this about?

The High Court allowed an interim bail application under Section 439 Cr.P.C. for nine months, subject to the applicant depositing Rs. 20 lakhs in installments as an accused in a charge sheet case regarding misappropriation.

What did the court decide?

Bail granted for nine months subject to deposit of Rs. 20 lakhs in fixed deposits and furnishing a personal bond of Rs. 50,000 with one surety.

Chainsingh Vs the State of Madhya Pradesh — Corruption | Madhya Pradesh HC (2023)

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IN THE HIGH COURT OF MADHYA PRADESH AT INDORE

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BEFORE

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HON'BLE SHRI JUSTICE SUBODH ABHYANKAR ON THE 10^th OF APRIL, 2023

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MISC. CRIMINAL CASE No. 49958 of 2022

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BETWEEN:-

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CHAINSINGH S/O ATMARAM DAYLE, AGED ABOUT 48 YEARS, OCCUPATION: JOB VILLAGE SIMROL, TEHSIL MHOW, DISTRICT INDORE (MADHYA PRADESH)

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.....APPLICANT

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(BY SHRI VIVEK SINGH, ADVOCATE)

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AND

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THE STATE OF MADHYA PRADESH STATION HOUSE OFFICER THROUGH POLICE STATION SIMROL, DISTRICT INDORE (MADHYA PRADESH)

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.....RESPONDENT

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(BY SHRI GAURAV RAWAT, PANEL LAWYER)

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This application coming on for admission this day, the court passed the following:

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ORDER

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They are heard. Perused the case diary / challan papers.

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This is the first application filed by the applicant under Section 439 of Criminal Procedure Code, 1973, as he / she is implicated in connection with Crime No.404/2021 registered at Police Station Simrol, District Indore (MP) for offence punishable under Sections 406, 409 and 420 of the Indian Penal Code, 1860. The applicant is in custody since 24.06.2022.

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Allegation against the applicant is of defalcation of Rs.62,78,143/- which he misappropriated while in the position of Manager of Co-operative Society, Maryadit Simrol.

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Signature Not Verified Signed by: BAHAR CHAWLA Signing time: 10-04-2023 18:43:47

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Counsel for the applicant has submitted that the applicant has already settled the matter with 13 complainants to the tune of rupees around 35 lakhs and is also ready to deposit further Rs.20 lakhs, but he is already lodged in jail since 24.06.2022 he is not able to procure the aforesaid amount and thus, it is submitted that the applicant be granted bail for a period of one year in which he would deposit the aforesaid amount in installments.

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Counsel for the respondent / State, on the other hand, has opposed the prayer.

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Having considered the rival submissions, perusal of the case diary and considering the fact that the applicant has already settled the matter with around 13 persons and it is submitted that 26 persons are still waiting to be paid their hard earned money and as undertaken by the counsel for the applicant that the applicant would deposit further Rs.20 lakhs within nine months time and further considering the fact that the applicant is lodged in jail since last around nine months, this Court is inclined to allow the present application for nine months only, subject to deposit of Rs.20 lakhs in following manner.

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Accordingly, without reflecting anything on the merits of the case, the application filed under Section 439 of Cr.P.C. on behalf of the applicant is hereby partly allowed temporarily for a period of nine months only, subject to deposit of total sum of Rs.20,00,000/- (Rupees Twenty Lakh) by the applicant or any other person on his behalf, out of which, Rs.4,00,000/(Rupees Four Lakhs) 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.16,00,000/-(Rupees Sixteen Lakhs) to be deposited by the applicant in

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Signature Not Verified Signed by: BAHAR CHAWLA Signing time: 10-04-2023 18:43:47

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eight equal installments of Rs.2,00,000/-(Rupees Two Lakhs) each within

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a period of eight 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 applicants and shall be subject to the final decision of the case by the trial Court'.

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It is further directed that the applicant shall be released on bail on his furnishing a 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, to appear before the trial Court on the dates given by the Court. This bail order shall be subject to furnishing an undertaking that the applicant will deposit the amount respectively as directed above. It is also directed that the applicants will abide by all the conditions enumerated under Section 437(3) of the Cr.P.C.

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If the applicant fails to deposit the amount as aforesaid, he shall surrender before the trial Court after expiry of aforesaid nine months time.

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C.c. as per rules.

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(SUBODH ABHYANKAR) JUDGE

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Bahar

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Signature Not Verified Signed by: BAHAR CHAWLA Signing time: 10-04-2023 18:43:47

Chainsingh v. the State of Madhya Pradesh

Case brief

What is this about?

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Chainsingh v. the State of Madhya Pradesh

Case brief

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