Madhya Pradesh High Court
Paresh Mulji Kariya vs The State Of Madhya Pradesh on 25 October, 2024
Author: Achal Kumar Paliwal
Bench: Achal Kumar Paliwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE ACHAL KUMAR PALIWAL
MISC. CRIMINAL CASE No.42128 of 2024
( PARESH MULJI KARIYA
.Vs
( THE STATE OF MADHYA PRADESH )
(BY SHRI SANKALP KOCHAR - ADVOCATE WITH SHRI AISHWARYA
CHOUDHARY - ADVOCATE FOR THE APPELLANT)
(BY SHRI SATYA PAL CHADAR - ADVOCATE FOR THE
RESPONDENT/STATE)
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RESERVED ON : 18.10.2024
PRONOUNCED ON : 25.10.2024
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This M.Cr.C. having been heard and reserved for order, coming on for
pronouncement on this day, the court passed the following:-
ORDER
This is first application under Section 482 of BNSS /438 of Cr.P.C. has been filed on behalf of applicant Paresh Mulji Kariya for grant of anticipatory bail.
2. Applicant apprehending his arrest in connection with Crime No.09 of 2023 of Police Station- Special Task Force, District- Bhopal for commission of the offences punishable under Sections 406, 409 and 420 of the IPC read with Signature Not Verified Signed by: VAISHALI AGRAWAL Signing time: 10/26/2024 11:26:22 AM 2 Section 6(1) of Madhya Pradesh Nikshepakon Ke Hiton Ka Sanrakshan Ad- hiniyam 2000 and Sections 3, 4 and 5 of the Banning of Unregulated Deposit Schemes Act, 2019 for grant of anticipatory bail.
3. Prosecution story in brief is that applicant fraudulently/ deceptively in- duced complainant Deepak Singhal to invest Rs.1,65,00,000/- and another com- plainant Dr. Abhijit Deshmukh to invest Rs.45,00,000/- in applicant's company but later-on, applicant neither returned the money as aforesaid and neither gave any amount in the name of profit earned from aforesaid amount.
4. Learned counsel for the applicant at the outset submits that in the present case, an FIR dated 19.08.2023 has been lodged by STF, Bhopal against the applicant under Sections 406, 409 and 420 of Indian Penal Code read with Section 6(1) of Madhya Pradesh Nikshepakon Ke Hiton Ka Sanrakshan Ad- hiniyam, 2000 (hereinafter State Act) and Sections 3, 4 and 5 of the Banning of Unregulated Deposit Schemes Act, 2019 (hereinafter Central Act). It is submit- ted that there is a bar under Section 14 of the State Act, which bars for grant of anticipatory bail. However, since STF Bhopal has also included offences under sections of the Central Act, the gazette notification dated 30.11.2019 issued by the Finance Department, State of M.P. [Annexure A/11 @ Pg.119 of bail appli- cation] comes into action. It is clear from Clause 2, Sub-clause 3 of the said no- tification that in new cases wherein both, the State Act as well as the Central Act, have been included, proceedings can be carried out only under the Central Signature Not Verified Signed by: VAISHALI AGRAWAL Signing time: 10/26/2024 11:26:22 AM 3 Act i.e., the BUDS Act. Therefore, bar under section 14 of the State Act shall not come into play in the present matter, as the proceedings can only be pursued under the Central Act. According to the gazette notification dated 30.11.2019. Thus, the present application is maintainable.
5. Learned counsel for the applicant further submits that FIR pertaining to instant case has been registered on 19.08.2023, on the basis of written com- plainant received on 04.01.2023. It is also urged that facts, with respect to which above FIR has been registered, are already covered by FIR No.284 of 2020 reg- istered at Juhu police station, Mumbai. It is also urged that after investigation, in aforesaid Mumbai FIR, charge-sheet has already been filed against present ap- plicant. During investigation, with respect to aforesaid Mumbai FIR, all the evi- dence, including forensics/digital evidence/documents etc. has already been seized. Further, during aforesaid investigation, applicant's various properties, both movable and immovable, amounting to Rs.943.59 Crores have already been attached and amount invested in the company by various investors, includ- ing Deepak Singhal and Dr. Abhijit Deshmukh, have already been secured. It is also urged that name of present complainants i.e. Deepak Singhal and Dr. Abhi- jit Deshmukh are also mentioned in the list of debtors and creditors as attached along with aforesaid Mumbai charge-sheet.
6. Learned counsel for the applicant has also submitted that applicant has been granted bail by Hon'ble Apex Court on 18.05.2023 and 02.08.2024 and be- Signature Not Verified Signed by: VAISHALI AGRAWAL Signing time: 10/26/2024 11:26:22 AM 4 fore that, applicant was in jail since 14.01.2021 to 02.08.2024. After referring to date of complaints filed by Deepak Singhal and Dr. Abhijit Deshmukh as well as date of registration of FIR, it is urged that if custody of applicant was re- quired, then, police should have got issued production warrant from concerned Court and should have formally arrested applicant in the instant case but police did not get issued production warrant for obtaining custody in the instant case and neither applicant was formally arrested in the instant case. On the contrary, notice to present applicant was issued for the first time on 29.08.2024. Above facts show the malafide of respondent. Further, after referring to the investiga- tion done by Mumbai Police etc. and charge-sheet, along with documents at- tached therewith, it is urged that no custodial interrogation of applicant is re- quired in the instant case. It is also so because name of applicants' were already mentioned in the list of debtors and creditors as attached with the documents filed with charge-sheet in Mumbai case. Applicant is ready to cooperate in the investigation. On above grounds, it is urged that applicant be granted benefit of anticipatory bail.
7. Learned counsel on behalf of respondent/State submits that looking to the nature and complexity of the case, applicant cannot be granted benefit of an- ticipatory bail and he cannot be released on anticipatory bail. In the instant case, custodial interrogation would be necessary. Hence, application filed by the applicant be dismissed.
Signature Not Verified Signed by: VAISHALI AGRAWAL Signing time: 10/26/2024 11:26:22 AM 5
8. I have heard learned counsel for the parties and perused record of the case.
9. First issue before this Court is whether application for anticipatory bail is maintainable in the instant case ?
10. Looking to the contents of FIR of the instant case etc. as well as pro- visions of Madhya Pradesh Nikshepakon Ke Hiton Ka Sanrakshan Adhiniyam, 2000, The Banning of Unregulated Deposit Schemes Act, 2019 along with Cir- cular issued by Department of Finance Government of Madhya Pradesh Serial No.Pra-V-V/B.U.D.S. Adhiniyam/Service/2019/4136 Bhopal, Dated 30 Novem- ber, 2019, in this Court's considered opinion, in the instant case, application for anticipatory bail is maintainable.
11. Perusal of record of the case, especially, contents of FIR of the instant case, clearly reveals that report in the instant case has been registered on the ba- sis of written complaints submitted by Deepak Singhal and Dr. Abhijit Desh- mukh with respect to fraud etc. by applicant company by inducing them to in- vest in applicant's company and that documents as well as charge-sheet filed in aforesaid FIR No.284 of 2020 of Juhu Police Station in Mumbai Court pertain- ing to Mumbai case reveals that in the list of debtors and creditors as on 27.08.2020, names of present complainants i.e. Deepak Singhal and Dr. Abhijit Deshmukh are also mentioned. It is also evident from record of the case that in Mumbai case, Investigating Agency has seized/recovered evidence, including Signature Not Verified Signed by: VAISHALI AGRAWAL Signing time: 10/26/2024 11:26:22 AM 6 documents/digital/forensic evidence and has also attached property of applicant of Rs.943.59 Crores.
12. Further, in the instant case, it is evident from FIR that complainant Deepak Singhal and Dr. Abhijit Deshmukh have submitted written complaints on 04.01.2023 and after enquiry, FIR has been registered on 29.08.2023. From documents submitted by applicant, it is evident that Hon'ble Apex Court has granted bail to applicant on 18.05.2023 and 02.08.2024. It is also evident from record of the case that in the instant case, number of investors is huge and there- fore, multiple FIRs have been registered.
13. It is evident from case diary that in the instant case for the first time, notice has been issued to applicant on 29.08.2024. It is also evident from record of the case that from 04.01.2023 (when Deepak Singhal and Dr. Abhijit Desh- mukh submitted complaints)/19.08.2023 (when present FIR was registered), no steps were taken by Investigating Agency to either formally arrest applicant in the instant offence or get issued production warrant from concerned Court for getting custody etc. of applicant. Evidently, on 29.08.2024, notice has been is- sued to applicant for the first time under Section 160 of Cr.P.C., Thus, before grant of bail by Hon'ble Apex Court to applicant, no action has been taken by Investigating Agency for getting custody of present applicant etc. Signature Not Verified Signed by: VAISHALI AGRAWAL Signing time: 10/26/2024 11:26:22 AM 7
14. Hence, in view of factual scenario of the case as aforesaid and discus- sions in the foregoing paras, in this Court's considered opinion, applicant is en- titled to be released on anticipatory bail.
15. Hence, it is directed that in the event of arrest, the applicant shall be released on bail on his executing a personal bond in the sum of Rs.25,000/-(Ru- pees Twenty Five Thousand Only) with solvent surety in the like amount to the satisfaction of the Arresting Officer/Investigating Authority but with specific condition that he will not leave the country without leave of this Court and he will cooperate in the Investigation and shall make available the documents etc. required by the Investigating Agency.
16. The applicant shall further abide by other conditions enumerated un- der Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023 and shall coop- erate in the investigation otherwise this bail order shall automatically stand can- celled.
17. Certified copy as per rules.
(ACHAL KUMAR PALIWAL) JUDGE vai Signature Not Verified Signed by: VAISHALI AGRAWAL Signing time: 10/26/2024 11:26:22 AM