Madhya Pradesh High Court
Manish Khatwani vs The State Of Madhya Pradesh on 21 November, 2019
Author: Rohit Arya
Bench: Rohit Arya
1 M.Cr.C.No.34430/2019
(Manish Khatwani Vs. State of M.P.)
Indore : Dated 21.11.2019
Ms. Sudha Shrivastava, learned counsel for the applicant.
Shri Rahul Vijayvargiya, learned Public Prosecutor for the
respondent/State with I.O. Mr. Anil Singh Chouhan and associate Mr.
Jabar Singh, Head Constable.
Shri Sunil Jain, learned senior counsel with Shri Kushagra Jain, learned counsel for the objector.
This is first bail application under Section 439 Cr.P.C. for grant of bail. The applicant is in custody since 1.1.2019 in connection with Crime No.290/2018 registered at P.S., Kanadia, Indore for the offence punishable under Section 420, 467, 468 IPC.
Another Crime No.155/2018 has also been registered for the same offence against Dr.Ramesh Badlani, Manish Khatwani, Rajesh Navlani and Mohit Badlani at P.S., Kanadia, Indore.
As per prosecution story, the applicant and aforementioned co- accused persons were running a medical college in the name and style Modern Institute of Medical Sciences at Kanadia area. 148 students after having been selected in National Eligibility Entrance Test (NEET examination) were allocated the instant medical college during counselling and accordingly they were admitted for M.B.B.S.course commencing from academic session 2016-17. Each student excluding NRI (Non-Resident Indian) student has deposited fees for two academic sessions i.e. 2016-17 and 2017-18; Rs.5,00,000/- (Rs.Five Lakhs only) for each session. Besides, 23 NRI students are said to have deposited Rs.17,00,000/- (Rs.Seventeen Lakhs only) for each session. However, after completion of first year of course, the college failed to get recognition for serious lapses and accordingly it was de- recognized. It was a bolt from sky for students. Their career was spoiled. They were removed from the college and in fact having no other option students resorted to Dharna (protest) in middle of the city near Regal Talkies as a mark of protest against the misdeeds of the management of the college seeking justice from the Government. The protest went on for number of days. They also had taken recourse to 2 M.Cr.C.No.34430/2019 (Manish Khatwani Vs. State of M.P.) remedy invoking writ jurisdiction of this Court against unrecoverable damage caused to their career prospects. As transpired during course of hearing these students were later on absorbed in other medical colleges for second year of M.B.B.S.course.
Ms. Shrivastava, learned counsel for the applicant, submits that applicant is innocent and has been falsely implicated. According to her the main culprit is Dr.Ramesh Badlani, father-in-law of the applicant. However, she does not dispute that applicant was Secretary and Treasurer of the Society managing the college. She further submits that applicant does not have any criminal antecedents. He has already suffered jail incarceration since 1.1.2019. Investigation is complete, challan has been filed and no custodial investigation is required. The applicant shall abide by such terms and conditions this Court deems fit and proper in the event applicant is enlarged on bail.
This Court on previous date had called the Investigating Officer for further details of the case and the loss caused to the students because of alleged mis-representation of accused persons.
Shri Anil Singh Chouhan, I.O., has done the commendable exercise to inform this Court regarding the fees deposited by each student and not refunded to them as indicated above excluding NRI students, out of them 148 students have deposited Rs.10,00,000/- (Rs.Ten Lakhs only) each for two academic sessions, but had studied for one year, therefore, the half fees, still outstanding to their credit. Besides, the caution money and hostel caution money of students are still lying with applicant and other accused persons.
Shri Rahul Vijayvargiya, learned Public Prosecutor, on instructions submits that as students have been cheated systematically without disclosure of the fact that the institution did not have recognition. Applicant has played with their future prospects and spoil their career. Such person does not deserve sympathy of this Court.
Shri Sunil Jain, learned senior counsel for the objector, submits that the present office bearers of the Society have serious objection against the prayer for bail. It is submitted that applicant has not only 3 M.Cr.C.No.34430/2019 (Manish Khatwani Vs. State of M.P.) cheated students, but have also siphoned society money in other school. Besides, persistent default has been committed in the matter of provident fund contributions, salary of employees. As such there not only mis-management, but also mis-appropriation of society funds. Therefore, Shri Jain also supports the contentions raised by Shri Vijayvargiya.
During course of hearing on instructions Ms. Shrivastava submits that applicant is prepared to repair the damage caused to students by return of tuition fees, caution money and hostel caution money to each student by way of demand draft in the name of individual students. She submits that upon verification of each student the concerned Police Officer may disburse the demand draft. She also submits that the applicant shall abide by such terms and conditions this Court deems fit and proper.
Under these circumstances Ms. Shrivastava shall prepare bank drafts in the name of each student of the amount of tuition fees, caution money, hostel caution money and the drafts so prepared shall be presented on the next date of hearing with photocopies thereof to be kept in the record of the case.
I.O. Mr. Anil Singh Chouhan is directed to remain present on the next date of hearing.
List on 5.12.2019 as prayed.
(Rohit Arya) Judge Patil Digitally signed by Shailesh Patil Date: 2019.11.22 13:17:31 +05'30'