High CourtsSingle Bench(2023) 02 MP CK 0040

Sudhir vs State Of Madhya Pradesh

Madhya Pradesh High Court · Decided on 8 February 2023

HON’BLE JUDGES
Subodh Abhyankar, J
RESULT
Allowed
CASE NUMBER
Miscellaneous Criminal Case No. 6109 Of 2023

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Judgment

9 paragraphs · 339 words

Subodh Abhyankar, J

They are heard. Perused the case-diary.

This is the first bail application filed by applicant under Section 439 of Criminal Procedure Code, 1973 as he is implicated in connection with Crime No.649/2021 registered at Police Station - Madhav Nagar, District - Ujjain (MP) for offence punishable under Section 294, 409, 427, 477-a, 500, 506, 109 and 120-B of IPC. The applicant is in custody since 16.12.2022.

The allegation against the applicant is that he was misappropriate of founds.

Counsel for the applicant has submitted that the applicant is lodged in jail since 16.12.2022 and the charge sheet has already been filed and the final conclusion of the trial is likely to take sufficient long time. It is further submitted that in the present case a private complaint was lodged under Section 156(3) of Cr.P.C and it has been directed that FIR be registered against the applicant and the applicant was arrested straightway. It is further submitted that the applicant has already deposited the amount of Rs.80,000/- before the Court below and document has been produced in this regard. Hence, it is prayed that the application be allowed and the applicant be released on bail.

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

Having considered the rival submissions and on perusal of the case-diary, and taking note of the fact that the charge sheet has already been filed and the final conclusion of the trial is likely to take sufficient long time, 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 allowed.

The applicant is directed to be released on bail upon furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand) with one solvent surety in the like amount to the satisfaction of the Trial Court for his appearance, as and when directed and shall also abide by the conditions enumerated under Section 437 (3) Criminal Procedure Code, 1973.

C.c. as per rules.