PAWAN KUMAR DHIMAAN Vs. STATE OF M P

JUDGEMENT

(1.) This is first bail application filed by the applicants under Section 438 of the Cr. PC for grant of anticipatory bail. The applicants apprehend their arrest in connection with Crime No. 301/2013 registered at Police Station, Lakhanwada, District Seoni for the offences punishable under Sections 406/34 of the IPC.

(2.) The case of the prosecution is that the applicants, who are the employees of M/s. Sadbhav Engineering Limited had illegally lifted 2708.50 cubic meters of aggregate out of 6900 cubic meters of aggregate which was granted to them on Supurdnama by the Competent Court and by their such facts, the applicants had caused a loss of revenue to the State to the tune of Rs. 94,79,000/-.

(3.) Learned Counsel for the applicants submits that the applicants had filed applications for anticipatory bail bearing Nos. 12/2014 and 538/2013 before the Lower Court and the Lower Court had allowed both applications vide order dated 16-1-2014 and 30-12-2013 respectively. However, while allowing the aforesaid applications, the learned Lower Court had imposed a condition of depositing an FDR of Rs. 50 lakhs and surety of Rs. 1 lakh along with a bail bond of similar amount by each of the applicant.