Parmal Singh vs State of M.P.

D.K. Paliwal, J.—Heard.

This is second bail application u/s 439 of Cr.P.C. First application has been dismissed vide order dated 22.4.2014 passed in M.Cr.C. No. 3238/2014. The applicant has been arrested in Crime No. 92/2014 registered at Police Station, Bhonti, District Shivpuri, for the offence punishable under Sections 406 and 409 of IPC.

According to prosecution case, applicant alongwith his brother Tej Singh was working as contractor of labourers for the KEC International Company site at Repura where Mahesh Banshkar was working as labourer. On 24.12.13 Mahesh died due to electric current while working at the site of KEC Company. An amount of Rs. 6,93,000/- as insurance claim was deposited by the KEC Company in the account of Tej Singh. The aforesaid amount has been misappropriated by Tej Singh and his brother, the applicant.

It is submitted by the learned counsel for the applicant that he has not committed any offence. He has falsely implicated in the alleged offence. Learned counsel further submits that after rejection of the first bail application the charge-sheet has been filed. The applicant is under custody since 25.3.2014. It is further submitted that the alleged amount has been deposited in the account of his brother Tej Singh. Trial is likely to take time. Hence, the applicant be released on bail.

The application is opposed by learned Panel Lawyer.

Case diary perused.

Considering the facts and circumstances of the case and looking to the fact that the charge-sheet has been filed and the applicant is under custody for about more than three months, but without commenting on the merit of the case, the application is allowed. It is directed that the applicant shall be released on bail on his furnishing personal bond in the sum of Rs. 50,000/-(Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of Trial Court.

This order will remain operative subject to compliance of the following conditions by the applicant:-

The applicant will comply with all the terms and conditions of the bond executed by him;

The applicant will cooperate in the investigation/trial, as the case may be;

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/her from disclosing such facts to the Court or to the Police Officer, as the case may be;

The applicant shall not commit an offence similar to the offence of which he is accused;

The applicant will not seek unnecessary adjournments during the trial; and

The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

A copy of this order be sent to the Court concerned for compliance.

C.C. as per rules.