Madhya Pradesh High Court
Sheikh Ismile vs The State Of Madhya Pradesh on 28 May, 2021
Author: Rohit Arya
Bench: Rohit Arya
1 MCRC-7252-2021
The High Court Of Madhya Pradesh
MCRC-7252-2021
(SHEIKH ISMILE Vs THE STATE OF MADHYA PRADESH)
Indore, Dated : 28-05-2021
Shri A.M. Mathur, learned senior counsel with Shri Vaibhav Asawa,
learned counsel for the applicant.
Shri R.K. Shastri, learned Panel Lawyer for the respondent/State.
Heard through video conferencing.
This is first bail application under Section 439 Cr.P.C.. The applicant is in custody since 15.12.2019 in connection with Crime No.616/2019 registered at P.S., Azad Nagar, Indore for the offence punishable under Section 420, 467, 468, 471, 188, 447 and 120B of IPC.
As per prosecution story, a complaint has been filed by complainant Usha Parmar styling herself as power of attorney holder of Ranjeet S/o Rajaram, Manorama W/o Shyamlal, Tejkunwar D/o Rajaram, Tarabai D/o Rajaram, Sajanbai W/o Babulal, Shivnarayan S/o Babulal, Lakhanlal S/o Babulal, Sumanbai D/o Babulal, Savitribai D/o Babulal, Lakhanlal S/o Babulal, Savitribai D/o Babulal inter alia alleging that applicant and his associates have encroached upon land of the ownership of executors of power of attorney and are developing the land for commercial purpose. The entire land has been excess of ceiling limits under the repealed Urban Land Ceiling Act, 1976. The writ petition being W.P.No.1102/2008 seeking relief to free the land from ceiling is pending before this Court allegedly filed by the executors, one original person Babulal and Mayur Nagar Housing Society. Albeit, applicant has not alleged to have any proximity with the society. Accordingly, case has been registered.
Investigation is complete and challan has been filed. Shri Mathur, learned Sr. counsel for the applicant submits that applicant is innocent and has been falsely implicated. It is further submitted that on bare reading of the FIR, charges u/Ss 420, 467, 468, 471, 188, 447 Signature Not Verified SAN and 120-B IPC are not made out, in as much as neither there are documents Digitally signed by SEHAR HASEEN Date: 2021.05.29 11:24:47 IST 2 MCRC-7252-2021 allegedly prepared forged or fabricated by the applicant nor material to demonstrate inducement to third person based on such documents to deceive or misrepresentation. Mere mentioning of the name of applicant in the FIR by itself, shall not make him liable for charges levelled against him. He further submits that there is no documentary evidence on record to implicate the applicant on the basis of allegations of dealing with the land in question of which the complainant is alleged to have holding power of attorney. He also seeks parity with the co-accused Arvind Thakur who has been enlarged on bail by order dated 07.01.2021 passed in M.Cr.C. No. 49509/2020.
Learned Panel Lawyer opposes the bail application supporting the order impugned with the submission that applicant has 12 criminal antecedents of similar nature.
In rejoinder, Shri Mathur submits that while considering application u/S 438 Cr.P.C., the alleged past record has relevance and not while considering the bail application u/S 439 Cr.P.C. Even otherwise, in most of the cases, applicant has been enlarged on bail.
This Court does not countenance with the aforesaid contention for simple reason that if an applicant has criminal antecedents that of similar nature, then that shall be relevant factor for considering application u/S 439 Cr.P.C.
A t this stage, learned counsel for the applicant, on instructions graciously and voluntarily submits that looking to grave critical social economic condition of poor persons living in old age homes, Vidhwa Ashrams or orphans living in orphanage and due to outbreak of Covid-19 Pandemic, the applicant is prepared to deposit a sum of Rs.50,000/- (Rs.Fifty Thousand only) in the office of Jila Bal Sanrakshan Samiti, Indore (Axis Bank Account No. 911010007267684 IFSC Code UTIB0000503) for the purpose of providing basic amenities, clothing, food/food items and other essential amenities required for old age people Signature Not Verified SAN living in old age homes, vidhwas living in vidhwa aashrams or orphans living Digitally signed by SEHAR HASEEN Date: 2021.05.29 11:24:47 IST 3 MCRC-7252-2021 in orphanage in the city of Indore in dire need of such amenities/facilities and also to the sufferers of Covid-19 Pandemic. However, the aforesaid deposit of amount may not influence the pending trial but is only, for enlargement of applicant on bail.
Upon hearing learned counsels for the parties, but without commenting upon the rival contentions so advanced touching merits of the case, regard being had to the fact there is no dispute about that fact that applicant has been enlarged on bail in most of the cases constituting criminal antecedents against h i m and there is no documentary evidence, prima-facie to involve the applicant with land in question. Moreso, applicant is in custody since 15.12.2019, investigation is complete, chargsheet has been filed, co-accused Arvind Thakur(supra) has been enlarged on bail and due to Covid-19, the possibility of delay in conclusion of trial cannot be ruled out. Hence, applicant is held entitled for enlargement on bail.
Consequently, the application of the applicant filed under Section 439 of the Criminal Procedure Code, 1973 is hereby allowed. It is directed that the applicant be released on bail on furnishing personal bond in the sum of Rs.5,00,000/- (Rupees Five Lakhs only) with one solvent surety in the like amount to the satisfaction of the learned Trial Court and on the condition that he shall remain present before the Court concerned during trial and also comply with the conditions enumerated under Section 437(3) of Criminal Procedure Code, 1973 with following further conditions:
(i) the applicant shall prepare a demand draft for Rs.50,000/- (Rupees Fifty Thousand only) of any nationalized bank in favour of Jila Bal Sanrakshan Samiti, Indore (Axis Bank Account No. 911010007267684 IFSC Code UTIB0000503) to be utilized for the purpose of providing basic amenities, clothing, food/food items and other essential amenities required for old age people living in old age homes, vidhwas living in vidhwa aashrams and orphans living in orphanage and also to the sufferers of Covid-
19 Pandemic in the city of Indore in dire need of such amenities/facilities. The Signature Not Verified SAN Digitally signed by SEHAR HASEEN Date: 2021.05.29 11:24:47 IST 4 MCRC-7252-2021 amount so deposited shall have no bearing or relevance on the pending trial to the prejudice of the applicant.
(ii) (a) the applicant shall submit the original demand drafts alongwith copy of the order passed today through his counsel before the Principal Registrar of this Bench, for keeping the same in his safe custody.
(ii) (b) as and when directed, the Principal Registrar shall seek instructions/directions through PUD from this Court for handing over the demand draft to the concerned authority in that behalf.
(ii)(c) the Registry is directed to accept the original demand draft without mentioning the account number therein. However, ensure that the same is in relation to the present case.
(iii) the said authority is at its discretion to utilize the amount so deposited as and where it is required upon verification. The Collector, Indore is also directed to maintain a separate account (for production of the record as and when directed for).
(iv) the applicant shall mark his attendance before the concerned police station on 2nd and 4th Saturday every month between 10:00 a.m. to 12:00 noon.
(v) the applicant will abide by the terms and conditions of various circulars and orders issued by the Government of India and the State Government as well as the local administration from to time in the matter of maintaining social distancing, physical distancing, hygiene, etc., to avoid proliferation of Novel Corona virus (COVID-19);
(vi) the concerned jail authorities are directed that before releasing the applicant, the medical examination of the applicant be conducted through the jail doctor and if it is prima facie found that he is having any symptoms of COVID-19, then the consequential follow up action or any further test required be undertaken immediately. If not, the applicant shall be released on bail in terms of the conditions imposed in this order.
Signature Not Verified SAN Digitally signed by SEHAR HASEEN Date: 2021.05.29 11:24:47 IST5 MCRC-7252-2021
(vii) in the event of violation of any of the terms and conditions of the order by the applicant, the prosecution is at liberty to seek cancellation of the bail granted to the applicant.
(viii) in future, if the applicant is found to be involved in such nature of cases or any other similar criminal cases or misuse the bail granted by this Court, this bail order shall stand cancelled automatically.
Learned Panel Lawyer is directed to send an e-copy of this order to all the concerned including the concerned Station House Officer of the Police Station for information and necessary action.
Registry is directed to send an e-copy of this order to the Court concerned for necessary compliance.E-certified copy as per rules.
(ROHIT ARYA) V. JUDGE sh Signature Not Verified SAN Digitally signed by SEHAR HASEEN Date: 2021.05.29 11:24:47 IST