ABDUL RASHID KHAN Vs. STATE OF M.P.

JUDGEMENT

(1.) This petition has been filed directly in this Court. Although this Court has the concurrent jurisdiction with the Sessions Court under section 438 and 439 Cr.P.C. yet the petitioner ought to have approached the Court of first instance, which could have examined the facto; and passed a suitable order and may be that in case the petitioner was not required to apply to this Court. Since this petition has been admitted for final hearing, the parties are heard.

(2.) THE allegations against the petitioner are that while he was posted Upvan Khetrapal certain quantities of edible oil and peas were misappropriated by him. The petitioner's case is that the properties were given in the charge of one Shri Ali by him and the receipt thereof was passed. A photo copy thereof is in the case diary and the original with the petitioner. But the prosecution case is that the receipt is forged and the person signing has denied to have passed such a receipt. The case is still at the stage of investigation. The petitioner is still serving the Government. 3. In the circumstances, it is directed that the petitioner, in the event of his arrest, shall be enlarged on bail by the Police Officer arresting him on his furnishing personal bond and bail bond in the sum of Rs. 10,000/ - (Rupees ten thousand only) with one surety in the like amount to his satisfaction on a condition that the petitioner shall make himself available as and when required by the investigating officer and shall cooperate in the investigation of the offence. Any breach of these conditions shall be taken as the breach of the bail order. This order shall be liable to be cancelled.