Madhya Pradesh High Court
Vinay Peter vs The State Of Madhya Pradesh on 11 March, 2024
Author: Maninder S. Bhatti
Bench: Maninder S. Bhatti
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE MANINDER S. BHATTI
ON THE 11 th OF MARCH, 2024
MISC. CRIMINAL CASE No. 6142 of 2024
BETWEEN:-
VINAY PETER S/O LATE SHRI VICTOR PETER, AGED
ABOUT 66 YEARS, OCCUPATION: PREIST PRIEST
DISTRICT JABALPUR R/O HOUSE NO 15 CARAVS SOUTH
CIVIL LINES DISTRICT JABALPUR (MADHYA PRADESH)
.....APPLICANT
(BY SHRI BRIAN D'SILVA SENIOR ADVOCATE WITH SHRI ISHAN SONI -
ADVOCATE)
AND
THE STATE OF MADHYA PRADESH THROUGH STATION
HOUSE OFFICER ECONOMIC OFFENCE WING (EOW)
DISTRICT JABALPUR (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI MADHUR SHUKLA - ADVOCATE)
This application coming on for admission this day, the court passed the
following:
ORDER
This is the first application filed by the applicant under Section 438 of the Cr.P.C. seeking anticipatory bail.
2. The applicant is apprehending his arrest in connection with FIR/Crime No.54/2022 dated 30.12.2023 registered at Police Station Orchha, District Niwadi for the offences punishable under Sections 409, 420 and 120B of the I.P.C.
3. Counsel for the applicant contends that the preset applicant was Signature Not Verified Signed by: VIVEK KUMAR TRIPATHI Signing time: 3/13/2024 1:13:39 PM 2 Member of Methodist Church in India, which is a registered Society and is also Trust in terms of provisions of Bombay Trust Act, 1950. The applicant was also Executive Secretary of Madhya Pradesh Regional Conference Methodist Church in India.
4. The Collector, Jabalpur vide order dated 15.12.1990 issued Colonizer's License in favour of the Methodist Church in India for development of Colonies on Khasra Nos. 772/1 and 721 situated at village Gorakhpur, Jabalpur and Khasra No. 4/1 situated at Katanga, Jabalpur. As per the policy of the State Government 15% of land was to be reserved for Economically Weaker Section of the Society. However, the said 15% of the land was released by the Collector vide order dated 3.4.2007 and in lieu of the said release, there was a liability to pay a sum of Rs.46,75,000/- towards Shelter Fees.
4. Counsel contends that as per prosecution out of total Shelter Fee only a sum of Rs.18,60,000/-. was deposited and there was outstanding of Rs.28,15,010/- towards Shelter Fee and on account of said outstanding a case has been registered against the applicant by the Economic Offence Bureau. It is contended by the counsel that the present applicant had no connection with the entire transaction. The applicant merely being an Ex Executive Secretary has been implicated. There was no direction to the applicant individually to pay any Shelter Fee. It is further contended by the counsel that the direction to pay Shelter Fee was to the Methodist Church in India and the said order was addressed to the President/District Superintendent, Methodist Church in India. The present applicant, in no Signature Not Verified Signed by: VIVEK KUMAR TRIPATHI Signing time: 3/13/2024 1:13:39 PM 3 way was involved with any kind of transaction. The applicant was not issued any notice to deposit the Shelter Fee nor the applicant had any individual liability to pay any Shelter Fee. Thus, the present applicant deserves to be enlarged on bail.
5. Counsel for the Economic Offence Bureau has opposed the prayer and submitted that the present applicant was an office bearer of Methodist Church in India and at the time was responsible for all transactions. It is contended by the counsel that the details of the present applicant were furnished by the Methodist Church in India itself and as per information so received from Methodist Church in India, the present applicant has been implicated and resultantly this application so filed by the applicant deserves to be dismissed.
6. Heard submissions. Perused the record.
7. In the present case, record reflects that a Colonizer's License was issued in favour of Methodist Church in India and to revert back the 15% of land which was earmarked for Economically Weaker Section of the Society, an amount of Rs.46,75,010/- towards Shelter Fee was required to be paid. Out of the said amount, only Rs.18,60,000/- was paid but the remaining amount was not paid. Record further reflects that the notice to pay the said amount was issued to President/District Superintendent, Methodist Church in India vide communication dated 20.11.2008 and also 13.1.2009. The present applicant was neither working as President nor as District Superintendent, Methodist Church in India. It is evident that there is no notice to the Executive Secretary of the Methodist Church in India to Signature Not Verified Signed by: VIVEK KUMAR TRIPATHI Signing time: 3/13/2024 1:13:39 PM 4 deposit the Shelter Fee. Thus, as the present applicant was working as Executive Secretary of Methodist Church in India to whom no notice was given by the Municipal Corporation to pay the Shelter Fee, this Court is of the opinion that the present applicant deserves to be enlarged on bail. Accordingly, the application is allowed.
8. It is directed that in the event of arrest, applicant Vinay Peter shall be enlarged on bail on furnishing a personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one surety in the like amount to the satisfaction of the arresting officer for his appearance before him during the course of investigation or before the trial Court during trial, as the case may be.
9. It is further directed that the applicant shall abide by all the conditions as enumerated under Section 438(2) of the Cr.P.C.
(MANINDER S. BHATTI) JUDGE vivek Signature Not Verified Signed by: VIVEK KUMAR TRIPATHI Signing time: 3/13/2024 1:13:39 PM