POONAMCHAND Vs. STATE OF M.P.

JUDGEMENT

(1.) Heard through video conferencing. This is the first application under Section 439 of Cr.P.C., for grant of bail. The applicant is in custody since 14.8.2020 in connection with Crime Case No.136/2020 registered at Police Station, Badnawar, District Dhar for the offence punishable under Section 406, 409, 368 of IPC.

(2.) As per the prosecution case, applicant Poonamchand was an employee of M/s Oasis Distilleries Ltd. Co-accused Shobharam is father of Poonamchand. Inadvertently and mistakenly an amount of Rs.5,64,750/- was deposited in the account of Poonamchand due to mistaken identity. Applicant Poonamchand instead of returning the amount to the company transferred the same in the account of co- accused Shobharam in January, 2020 and in the month of February, 2020 the entire amount was withdrawn. Accordingly, FIR was lodged on 13.3.2020 under Section 406, 409, 368 of IPC.

(3.) Investigation is complete and challan has been filed. Learned counsel for the applicants, though initially tried to impress upon this Court that applicants are innocent and have been falsely implicated. They have no criminal antecedents. The applicants have not mis-appropriated the company's fund. Learned counsel on instructions submits that applicants are prepared to return the aforesaid amount of Rs.5,64,750/- to the company and also prepared to deposit an amount of Rs.20,000/- each towards Covid-19 Pandemic fund to be utilized for poor persons, old age persons and widows in different old age homes. However, such deposit may not influence the pending trial to the prejudice of the applicants.