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2022 Supreme(MP) 98

ANAND PATHAK
Shobit Tripathi – Appellant
Versus
State of Madhya Pradesh – Respondent


Advocates:
Manish Dutt Sharma with Prashant Sharma for applicant; Naval Kishore Gupta, Public Prosecutor for respondent/State.

ORDER

1. Heard.

2. Perused the case diary.

3. This is the first application under section 439 of the Cr.P.C filed by the applicant, who has been arrested on 3.2.2022 by Police Station Economic Offence Wing, District Bhopal in connection with Crime No. 4/2022 registered for offence punishable under sections 409, 420, 467, 468, 471, 201, 120-B of IPC and sections 7,13(1) & 13(2) of Prevention of Corruption Act.

4. It is the submission of learned senior counsel for the applicant that he is suffering confinement since 3.2.2022 and charge-sheet has already been filed, therefore, chance of tampering with evidence / witness is remote. It is further submitted that applicant is facing false implication. As per the allegations, as Chief Executive Officer of Janpad Panchayat, Sironj, applicant misused his official position and embezzled an amount of Rs. 30,68,37,000/-(Rs. Thirty Crores Sixty Eight Lacs Thirty Seven Thousand) on pretext of 6021 marriages allegedly conducted by members of unorganized labour class under Vivah Sahayata Yojna, a scheme promulgated by State government through Karmkar Kalyan Mandal (Workers Welfare Board) in which every member of unorganized labour between age group of

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