ASHISH THAKUR VERSUS THE STATE OF MADHYA PRADESH Special Leave to Appeal (Crl.) No(s).15330/2023

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ITEM NO.2 COURT NO.4 SECTION II-A
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.) No(s).15330/2023
(Arising out of impugned final judgment and order dated 22-06-2023 in MCRLC No.25402/2023 passed by the High Court of M.P. at Indore)
ASHISH THAKUR Petitioner(s)
VERSUS
THE STATE OF MADHYA PRADESH Respondent(s)
IA No.236436/2023 – EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT
IA No.236439/2023 – EXEMPTION FROM FILING O.T.

Date : 22-01-2024 This matter was called on for hearing today.
CORAM :
HON’BLE MR. JUSTICE SURYA KANT
HON’BLE MR. JUSTICE K.V. VISWANATHAN
For Petitioner(s) Mr. Mayank Kshirsagar, AOR
Mr. Rajesh Joshi, Adv.
Ms. Anumita Verma, Adv.
Ms. Nitya Sharma, Adv.

For Respondent(s) Mr. Harmeet Singh Ruprah, DAG
Mr. Gautam Singh, Adv.
Mr. Pashupathi Nath Razdan, AOR
Ms. Maitreyee Jagat Joshi, Adv.
Mr. Astik Gupta, Adv.
Ms. Akanksha Tomar, Adv.
Mr. Argha Roy, Adv.
UPON hearing the counsel the Court made the following
O R D E R
1. The petitioner is facing trial in FIR No.276/2022, registered at Police Station Unn, District Khargone, Madhya Pradesh, for the offence under Sections 420, 406, 408, 409 and 201
IPC.

2. The allegations are that the petitioner while working as an Accountant in the Lakshmi Civil Engineering Services Pvt.Ltd. allegedly misappropriated a sum of Rs.59,00,000/- (Rupees fifty nine lakhs) and absconded. The petitioner was arrested on 24.08.2022 and is in custody since then.

3. After filing of the chargesheet, the prosecution evidence has commenced. We are informed that out of thirty five, only three witnesses have been examined so far. The conclusion of trial will, thus, take some time. It is further contended that out of the alleged misappropriated amount of Rs.59,00,000/- (Rupees fifty nine lakhs), the petitioner has already accounted for a sum of Rs.49,00,000/- (Rupees forty nine lakhs) and, thus, the dispute remains for a sum of Rs.10,00,000/- (Rupees ten lakhs) or so.
4. Taking into consideration the period already spent by the petitioner in custody and the fact that conclusion of trial will take some time but without expressing any views on the merits of the allegations, we are inclined to release him on bail. The petitioner is, accordingly, directed to be released on bail subject to his furnishing bail bonds to the satisfaction of the Trial Court.

5. The petitioner shall remain present before the Trial Court on each and every date of hearing and in case he remains absent, it shall be taken as a misuse of concession of bail granted to him today by this Court.
6. The Special Leave Petition stands disposed of in the above terms.
7. As a result, the pending interlocutory applications also stand disposed of.
(SATISH KUMAR YADAV) (PREETHI T.C.)
DEPUTY REGISTRAR COURT MASTER (NSH)