2023 (5) TMI 1273 - HC - Indian Laws

Seeking grant of bail - defalcation of amount - Amicable settlement of disputes between parties - applicant has submitted that the involved amount of Rs. 68 lakhs being paid today only through demand draft to the complainant and the complainant has no objection if the bail application is allowed. HELD THAT - On perusal of the case diary as also the documents filed on record, taking note of the fact that the parties have amicably settled their dispute, this Court finds it expedient to allow the present bail application. Accordingly, without commenting on the merits of the case, the application filed by the applicant is allowed. The applicant is directed to be released on bail upon furnishing a personal bond in the sum of Rs. 25,000/- with one solvent surety in the like amount to the satisfaction of the trial Court for his/her regular appearance before the trial Court during trial with a condition that he/she shall remain present before the court concerned during trial and shall also abide by the conditions enumerated under Section 437 (3) Criminal Procedure Code, 1973. Application allowed.

Summary

Issues involved: Bail application under Section 439 of Criminal Procedure Code, 1973 for offences under Sections 409, 419, 420, 467, 468, 471, 34 of the IPC.

Bail Application:
The applicant filed a bail application under Section 439 of the Criminal Procedure Code, 1973, in connection with Crime No. 23/2023 registered at Police Station- Crime Branch, Indore (MP) for offences under Sections 409, 419, 420, 467, 468, 471, 34 of the IPC. The applicant has been in custody since 26/4/2023, with allegations of defalcation of amount against them.

Submissions:
The applicant's counsel stated that the amount involved, Rs. 68 lakhs, has been paid to the complainant through a demand draft, and the complainant has no objection to the bail application being allowed. The objector/complainant's counsel also expressed no objection to the bail application. However, the counsel for the respondent/State opposed the prayer for bail.

Court Decision:
After considering the submissions and perusing the case diary and documents, the Court noted that the parties had amicably settled their dispute. Without commenting on the merits of the case, the Court found it expedient to allow the bail application. The applicant was directed to be released on bail upon furnishing a personal bond of Rs. 25,000 with one solvent surety in the like amount, to ensure regular appearance before the trial Court and compliance with conditions under Section 437(3) of the Criminal Procedure Code, 1973.

Effectiveness of Order:
The bail order would remain effective until the end of the trial, with a caution that in case of bail jump, the order would become ineffective. The Court also directed the issuance of a certified copy as per rules.