IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE ANAND PATHAK ON THE 8^th OF SEPTEMBER, 2022 MISC. CRIMINAL CASE No. 41448 of 2022 BETWEEN:-

SHALIGRAM S/O SHRI PAHALWAN SINGH YADAV, AGED 59 YEARS, OCCUPATION: LEKHAPAL, R/O- VILLAGE SILPURA, THANA KHANIYADHANA, DISTRICT SHIVPURI (MADHYA PRADESH)

.....APPLICANT (BY SHRI J.P. KUSHWAHA - ADVOCATE)

AND THE STATE OF MADHYA PRADESH THROUGH POLICE STATION KHANIYADHANA, DISTRICT SHIVPURI (MADHYA PRADESH)

.....RESPONDENT (BY SHRI KULDEEP SINGH - PUBLIC PROSECUTOR)

This application coming on for hearing this day, the court passed the following:

ORDER

This is the first application under Section 438 of the Cr.P.C filed by the applicant who is apprehending his arrest in connection with Crime No.431/2022, registered at Police Station- Khaniyadhana, District- Shivpuri, for the offences punishable under Sections 406 and 409 of the IPC.

It is the submission of learned counsel for the applicant that applicant is apprehending his arrest on the basis of registration of offence as above. It is further submitted that at the relevant point of time, applicant was working as Accountant and he had no role to play in embezzlement of public money. Prime accused are Balvir Singh Yadav and Virendra Singh Parihar, not the present applicant. Confinement may bring social disrepute and personal inconvenience. Applicant shall cooperate in the investigation/trial and he is ready to abide by the terms and conditions as imposed over him. Under these grounds, counsel prayed for grant of anticipatory bail.

Learned Public Prosecutor for the State opposed the prayer on the ground that at that point of time, applicant was Accountant and he issued the receipts book to Balvir Singh Yadav and Virendra Singh Parihar and it was his duty when public money was not deposited by the authorities then he should have asked the authorities to do so or intimated the higher authorities but, he did not do that. His role is to be investigated. No leniency can be shown to the applicant, therefore, he prayed for dismissal of this bail application.

Heard learned counsel for the parties and perused the documents appended thereto as well as case diary.

The present case is of white collar crime. Applicant as alleged, was working as Accountant at the relevant point of time and public money was embezzled, by which under the Mandi Adhiniyam licence fee and other Mandi fee were taken by accused Balvir Singh Yadav and Virendra Singh Parihar and applicant was the party to the booty shared. His role figured in FIR, statements as well as report of higher authorities. Anticipatory bail application of Balvir Singh Yadav has already been dismissed earlier.

Looking to the wider ramification of the case, custodial interrogation is required. No leniency can be shown to such white collar crime. Therefore, no case for interference is made out.

Applicant sans merits and is hereby dismissed (ANAND PATHAK)

JUDGE Rashid RASHID KHAN

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