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2022 Supreme(Online)(MP) 8396

HIGH COURT OF MADHYA PRADESH
Mohan – Appellant
Versus
The State Of Madhya Pradesh – Respondent
MCRC 3820/2022



Advocates:
Aniruddha Gokhale,Advocate General

IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE VIVEK RUSIA th ON THE 9 OF JULY, 2022 MISC. CRIMINAL CASE No. 3820 of 2022 Between:-

MOHAN S/O GOVIND CHANDORE, AGED ABOUT 45 YEARS, OCCUPATION: LIC AGENT PAHADSINGHPURA, KHARGONE (MADHYA PRADESH)

.....PETITIONER (SHRI SATYENDRA KUMAR VYAS, LEARNED SENIOR ADVOCATE WITH MS.

NEHA YADAV, LEARNED COUNSEL FOR THE APPLICANT.)

AND THE STATE OF MADHYA PRADESH STATION HOUSE OFFICER THROUGH POLICE STATION KHARGONE, KHARGONE (MADHYA PRADESH)

.....RESPONDENTS (SHRI VIRAJ GODHA, LEARNED GOVT. ADVOCATE FOR THE RESPONDENT/

STATE.)

MISC. CRIMINAL CASE No. 64769 of 2021 Between:-

DEEPESH S/O RAMESH CHANDRA BHATORE , AGED ABOUT 42 YEARS, OCCUPATION: PRIVATE JOB 61, RAVINDRA NAGAR COLONY, KHARGONE (MADHYA PRADESH)

.....PETITIONER (SHRI HARSHVARDHAN PATHAK, LEARNED COUNSEL FOR THE APPLICANT.)

AND THE STATE OF MADHYA PRADESH STATION HOUSE OFFICER THR. P.S.

KOTWALI, KHARGONE (MADHYA PRADESH)

.....RESPONDENTS (SHRI VIRAJ GODHA LEARNED GOVT. ADVOCATE FOR RESPONDENT/STATE.)

MISC. CRIMINAL CASE No. 9260 of 2022 Between:-

JAGDISH S/O LATE SHRI MANGILAL KAG, AGED ABOUT 39 YEARS, OCCUPATION: PRIVATE JOB GANDHI NAGAR, NEAR CANAL, KHARGONE (MADHYA PRADESH)

.....PETITIONER (SHRI C.L. YADAV, LEARNED SENIOR ADVOCATE WITH MS. SHYAM SINGH THAKUR, LEARNED COUNSEL FOR THE APPLICANT.)

AND THE STATE OF MADHYA PRADESH STATION HOUSE OFFICER THROUGH POLICE STATION KHARGONE (MADHYA PRADESH)

.....RESPONDENTS (SHRI VIRAJ GODHA, LEARNED GOVT. ADVOCATE FOR THE RESPONDENT/

STATE.)

These bail applications are coming on for hearing on this day, the court passed the following:

O R D E R

These are the first bail applications filed by the applicants under Section 439, Cr.P.C.,1973 for grant of bail in connection with crime No.648/2021 registered at Police Station- Khargone, District-Khargone (M.P.) for the commission of the offence under Sections 420, 467, 468, 471, 120-B, 409 of the I.P.C.

2. Prosecution story in brief:-

An FIR was lodged at the instance of a complaint made by Parwati Bai wife of Sitaram Soni aged about 70 years that Mohan Chandore a post office agent and his employee Jagdish Kag had illegally withdrawn Rs.8,92,639/- from her account and forfeited it. According to her, she gave an amount of Rs.6,00,000/- of Kisan Vikas Patra Scheme and Rs.2,00,000/- in a total sum Rs.8,92,639/- from time to time for depositing in her Fixed Deposit account at Post Office. She came to know that instead of depositing in her account they issued a forged pass book containing the seal and signatures of employees of the Post Office. Initial investigation has also revealed that these applicants have received amounts of Rs.2,00,000/- from Kamla Chouhan, Rs.3,65,621/- from Kanishk Bi, Rs.1,30,000/-Santosh Karma, Rs.1,00,000/ from Santosh Kumawat, Rs.13,40,000/- from Shivshankar Tongare, Rs.55,000/- from Sangita Verma, Rs.2,89,195/- from Dropadi Gaud, Rs.2,00,000/- from Lalita Yogi without depositing in the post office in their account issued forged pass books to them and accordingly committed the offence of forgery and cheating under sections 420, 467, 468, 471, 120-B, 409 of the I.P.C. The investigation has further revealed that in the aforesaid offence other two accused Jagdish and Sarla Shrivastava employees of the post office shared the common intention. The police arrested all three applicants and recorded their memo statement under section 27 of the Indian Evidence Act in which they admitted that they have cheated 40 to 50 persons from 2015 and to the tune of 39 lacs approximately. The police have recovered various documents from post office as well as from the possession of these applicants and completed the charge sheet. After investigation charge was filed under section 173 of Cr.P.C. against all the aforesaid applicants and including co-accused Sarla Shrivastava.

3. Shri S K Vyas, learned senior counsel for the applicant Mohan authorised agent submits that this applicant is working as an agent of LIC, Post Office for the last 29

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