AI Structured Summary
Not yet generated for this judgment
Judgment
This first application under Section 439 of Criminal Procedure Code, 1973 has been filed by the applicant, who is implicated in connection with Crime No.48/2019 registered at Police Station Sarafa, Indore District Indore (MP) for offence punishable under Sections 406/34, 201 and 409 of the Indian Penal Code, 1860.
The applicant is in custody since 17.07.2019.
As per prosecution story, complainant Ritesh s/o Ganesh Borasi had lodged a report at Police Station Sarafa, District Indore to the effect that the complainant was in need of some money for which he pawned (fxjoh) his ornaments with the applicant / accused and had taken a loan of Rs.90,000/-. He had already given back Rs.92,000/- to the accused and when he demanded his ornaments back, the accused did not return his ornaments to him. On the basis of the aforesaid complaint, FIR bearing Crime No.48/2019 was registered at Police Station Sarafa, District Indore (MP) against the applicant for offence punishable under Sections 406/34, 201 and 409 of the Indian Penal Code, 1860.
Learned counsel for the applicant has submitted that the applicant has no connection with the aforesaid crime. He advances loan amount to the borrowers and they pawned (fxjoh) their ornaments with the applicant, but he could not return the aforesaid ornaments on account of non-return of borrowed amount and there is a total liability of Rs.7,60,000/-on the applicant. He is ready to deposit 50% of the outstanding amount and he will deposit the remaining amount within a period of two months from the date of his release. The applicant is in custody since 17.07.2019. The investigation is over; and charge sheet has been filed. Conclusion of the trial will take sufficiently long time. Under these circumstances, learned counsel for the applicant prays for grant of bail to the applicant.
Learned Public Prosecutor for the non-applicant / State of Madhya Pradesh opposes the bail application by contending that the applicant advanced loan to 9-10 persons and after receiving the loan amount, he is not returning their pawned (fxjoh) ornaments. Therefore, he is not entitled for grant of bail and prays for rejection of the application.
Considering the arguments advanced by the learned counsel for the parties and looking to the facts that the applicant did not return valuable ornaments of approximately Rs.7,60,000/- of complainant and others, applicant is in custody since 17.07.2019, investigation is over and charge sheet has already been filed and the applicant is ready to deposit the value of ornaments entrusted to him, but without commenting on the merits of the case, this Court is of the view that the applicant is entitled for grant of bail.
Accordingly, the application filed by the applicant is allowed. The applicant is directed to be released on bail, subject to depositing 60% of outstanding total amount of Rs.7,60,000/- (rupees seven lakh sixty thousand) against the applicant which shall be deposited in the Fixed Deposit Receipt in any nationalized bank till conclusion of the trial and upon his furnishing a personal bond in the sum of Rs.4,00,000/- (Rupees Four Lakh only) with solvent two sureties of Rs.2,00,000/- (Rupees Two lakh only) each to the satisfaction of trial Court, for his regular appearance before the trial Court during trial with a condition that he shall remain present before the Court concerned during trial and shall also abide by the conditions enumerated under Section 437 (3) of Criminal Procedure Code, 1973.
The applicant is further directed to deposit remaining amount in the trial Court within a period of two months from the date of his release, failing which, this bail order shall stand automatically cancelled.
This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.
Certified copy, as per rules.