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Judgment
This is first application under Section 439 of Cr.P.C. for grant of bail. Applicant â€" Anil Sawale S/o Umrao Sawale is implicated in Crime
No.1077/2019 registered at Police Station â€" Vijay Nagar, District Indore for the offence punishable under Sections 406 and 408 of IPC and he is in
custody since 12.11.2019.
As per prosecution story, applicant worked as a Cashier in Sayaji Hotel at Indore in Kebab Ville section. The complainant Sanjay Thakur posted as a
Security & Liasoning Manager in the same hotel made a written complaint along with documents in police station Vijay Nagar, Indore on 04.11.2019,
in which it has been stated that in the audit report, number of irregularities were detected and on questioning, needle of suspicion turned upon the
present applicant and three other accused persons, who were employees in the same hotel namely, Amit Tiwari, Satyaveer Singh and Suman
Choudhary. On questioning them, it was found that they had syphoned off the bill amounts of the hotel and committed breach of trust and the main
protagonist of this conspiracy was the present applicant who on questioning, admitted his involvement. The modus operandi explained by him was that
he, after receiving the cash amount from the customers, would resettle the bill and would adjust the cash bill with other such customers who made
payments through card and he would not generate the bill of such second customers who had made payments through card and the main bill pertaining
to cash would not be generated in respect of the first customer and would not be deposited in the accounts department and that bill, as already
explained, would be resettled in respect of the second customer. The total amount thus syphoned off amounted to more than Rs.21.00 lacs.
On the basis of such written complaint, the investigation process was initiated and charge-sheet under Sections 406 and 408 of IPC has been filed
against the applicant and other co-accused persons.
Learned counsel for the applicant submits that charge-sheet has since been filed, that case is triable by the JMFC, that applicant has deposited more
than Rs.2,00,000/- under protest with the hotel, that he is ready to deposit some more amount, as per his capacity and that he has been falsely
implicated in the alleged offence.
Learned counsel for the applicant has offered to deposit Rs.4,00,000/- before the Trial Court, which shall be his share of mis-appropriation in the case.
Learned Public Prosecutor for the State was also heard who has opposed the bail application.
Considered rival contentions.
After considering the submissions, mainly those advanced by the learned counsel for the applicant to the effect that charge-sheet has been filed, that
case is triable by JMFC and further that the case is not likely to be concluded in very near future, it would be proper to grant bail to the applicant. On
due consideration of the aforesaid circumstances, without commenting upon the merits of the case, I allow this bail application and it is directed that
the applicant â€" Anil Sawale shall be released on bail subject to his depositing Rs.4,00,000/-(Rupees Four lacs only) before the Trial Court in the form
of FDR and the certificate shall be in the custody of the Trial Court and on furnishing a personal bond in the sum of Rs.50,000/-(Rupees Fifty
thousand only) with one local surety in the like amount to the satisfaction of the concerned Trial Court/Committal Court for his regular appearance
before the Trial Court/Committal Court on all dates of hearing as may be fixed in this behalf by the Court concerned during trial. It is also directed that
the applicant shall abide by all the conditions enumerated under Section 437(3) of the Cr.P.C.
A copy of this order be sent to the Court concerned for compliance.
M.Cr.C. No.6040/2020 is allowed and stands disposed of Certified copy as per rules.