Madhya Pradesh High Court
Pardhuman Singh Verma vs The State Of Madhya Pradesh on 24 January, 2024
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
ON THE 24 th OF JANUARY, 2024
MISC. CRIMINAL CASE No. 2427 of 2024
BETWEEN:-
1. PARDHUMAN SINGH VERMA S/O SHRI SARVAN
LAL VERMA, AGED ABOUT 35 YEARS,
OCCUPATION: AGRICULTURIST RESIDENT OF
BEHIDN GIRRAJ PETROL PUMP CITY CENTRE
COLONY, SHIVPURI DISTRICT SHIVPURI
(MADHYA PRADESH)
2. DEEPAK DHAKAD S/O SHRI SURESH DHAKAD
(WRONGLY MENTIONED IN THE LEARNED TRIAL
COURT ORDER CORRECT NAME IS DEEPAK
VERMA, SON OF SHRI SHRAVAN LAL VERMA),
OCCUPATION: AGRICULTURIST R/O BEHIND
GIRRAJ PETROL PUMP, CITY CENTRE COLONY,
SHIVPURI PRESENTLY R/O WB 67, SCHEME NO. 94,
BEHIND BOMBAY HOSPITAL, VIJAY NAGAR,
INDORE (MADHYA PRADESH)
.....APPLICANTS
(SHRI AMIT LAHOTI AND MS. RICHA BHADORIYA- ADVOCATES FOR
APPLICANTS)
AND
THE STATE OF MADHYA PRADESH THROUGH POLICE
STATION KOTWALI SHIVPURI DISTRICT SHIVPURI
(MADHYA PRADESH)
.....RESPONDENT
( SHRI LOKENDRA SHRIVASTAVA-PUBLIC PROSECUTOR FOR
RESPONDENT- STATE AND SHRI TAPENDRA SHARMA- ADVOCATE FOR
COMPLAINANT)
This application coming on for hearing this day, the court passed the
following:
ORDER
IA No. 1380 of 2024, an application under Section 301(2) of CrPC Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 25-01-2024 10:30:46 PM 2 moved on behalf of complainant seeking permission of this Court to assist prosecution in the matter is taken up, considered and allowed for the reasons mentioned therein. Shri Taprendra Sharma, learned Counsel appearing for complainant is permitted to assist prosecution in the matter.
The first bail application has been filed by the applicants under Section 438 of the Code of Criminal Procedure, 1973 for grant of anticipatory bail to the applicants, who are apprehending their arrest in connection with Crime No.884 of 2023, registered at Police Station Kotwali, District Shivpuri (M.P.) for offence punishable under Sections 406, 420 r/w Section 34 of IPC.
As per the case of prosecution, Narendra Jain, resident of Shivpuri, submitted a typed complaint with SHO, PS Kotwali, Shivpuri on 22-12-2023, inter alia, alleging cheating and criminal breach of trust by Pradhuman Singh Verma and Deepak Verma (applicants) with regard to agreement to sell of a plot (land). It is stated in the complaint that the complainant has orally purchased a plot situated at Rajpura Circular Road, ad-measuring 6000 sq. ft. @ Rs. 2250/- per sq.ft from Pradhuman Singh Verma and Deepak Verma. At the instruction of Praduman Singh Verma and Deepak Verma, the complainant has paid Rs.10 lac as advance money to Gaurav Pachauri and Narendra Agrawal. Thereafter, he has paid Rs.30 lac on 01-03-2023 and Rs.15 lac on 01-04-2023. It was agreed that Rs.80 lac would be paid at the time of registry. Further, on 09-05-2023, complainant has transferred Rs.5 lac each to the account of Deepak Verma and Pradhuman Singh Verma through RTGS. On 04-07-2023, complainant has paid Rs. 5 lac and on 10-07-2023 Rs.20 lac to Gaurav Pachauri and Narendra Agrawal at the instruction of Deepak Verma and Pradhuman Singh Verma. On 08-08-2023, complainant paid Rs.10 lac to Gaurav Pachauri and Narendra Agrawal on the instruction of Deepak Verma and Pradhuman Singh Verma.
Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 25-01-2024 10:30:46 PM 3Thus, in all, complainant has paid Rs.85 lac towards sale of plot to Deepak Verma, Pradhuman Singh Verma, Gaurav Pachauri and Narendra Agrawal. When the complainant demanded registry of plot by offering remaining amount, Pradhuman Singh Verma and Deepak Verma refused to execute sale deed of the plot and return the advance money. Therefore, all the four persons have cheated and defrauded him of Rs.85 lac. On such allegations, PS Kotwali Shivpuri registered FIR at Crime No.884 of 2023 on 22-12-2023 for offence punishable under Sections 406, 420 read with Section 34 of IPC against Pradhuman Verma (applicant), Deepak Verma (applicant), Gourav Pachauri and Narendra Agrawal. Statements of the witness have been recorded. The documents proposed by complainant with regard to payment of money have been seized. Investigation is underway.
Learned Counsel for the applicants, in addition to the grounds mentioned in the application, submits that there was mutual agreement between the parties. Applicants have received certain amount in furtherance of agreement but later, the agreement could not culminate into transfer of property. Learned Counsel further submits that it is a civil matter with regard to specific performance of agreement to sell between the parties, which has been converted into criminal prosecution. The complaint, submitted on 20-12-2023 at PS Kotwali, Shivpuri was registered as FIR within nine minutes of its submission without any enquiry into allegtions. Learned Counsel further contends that no fradulent or dishonest intention from the beginning of transnaction can be inferred from the complaint. Therefore, no offence punishable under Section 420 or 406 of IPC is made out against the applicants merely for non-performance of obligation under the contract of sale. Learned Counsel referring to the judgment of Supreme Court Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 25-01-2024 10:30:46 PM 4 in case of Sarabjit Kaur vs. State of Punjab and Another, (2023) 5 SCC 360 and order dated 19-01-2024 passed in SLP (Crl) No. 14423 of 2023 (Jay Shri and Another vs. State of Rajasthan), contends that mere breach of contract does not amount to an offence under Section 420 or 406 of IPC unless fraudulent or dishonest intention is shown right at the beginning of the transaction. Any effort to settle civil disputes and claims, which do not involve any criminal offence, by applying pressure through criminal prosecution should be deprecated and discouraged. Learned Counsel further submits that applicants Deepak Verma and Pradhuman Singh Verma are residents of Shivpuri. They are respectable citizens. As per the complaint and the statement, Pradhuman Singh Verma had participated in Election of Janpad Panchayat in year 2015. He has social standing. There is no likelihood of absconsion of applicants. There is no likelihood of tampering with the evidence as the prosecution is based on documentary evidence which has already been submitted by complainant with the police. Jail incarceration on a civil dispute would bring social disrepute and hardship to applicants. Therefore, applicants may be extended the benefit of anticipatory bail.
P e r contra, learned counsel for the State ably assisted by learned Counsel for the objector (complainant) opposes the anticipatory bail application and submits that accused have taken benefit of need of complainant to purchase the plot which was in-front of his hotel. Fraudulent and dishonest intention with regard to transaction between the parties can be inferred from the fact that accused have not executed any agreement to sell in writing and received money. Learned Counsel further contends that transaction involved criminal misappropriation to the tune of Rs.85 lac. Considering the gravity of offence, the applicants may not be extended the benefit of anticipatory bail.
Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 25-01-2024 10:30:46 PM 5Learned Counsel for the State further contends that the investigation officer has mentioned that there is likelihood of absconsion and tampering with evidence by applicants. Learned Counsel for the State cites criminal antecedents of three cases against applicant Pradhuman Singh Verma.
In reply, learned Counsel for the applicants submits that applicant Pradhuman Singh Verma was acquitted in Criminal Case lodged at Crime No.57 of 2015. Rest of the matters are pending for trial, wherein applicant Pradhuman Singh Verma has been extended the benefit of bail and he has never been convicted. Learned Counsel further submits that both the parties have mutually agreed to undertake the transaction orally, therefore, no fraudulent or dishonest intention be imputed to the accused only.
Heard learned counsel for the parties and perused the case diary. Considering the arguments advanced by both the parties and overall circumstances of the case, but without commenting on merits of the case, this Court inclined to grant anticipatory bail to the applicants. Thus, the application is allowed.
Accordingly, it is directed that in the event of arrest of applicants, applicant Pradhuman Singh Verma and Deepak Verma shall be released on bail in relation to Crime No.884 of 2023, registered at Police Station Shivpuri Kotwali, District Shivpuri (M.P.) for offence punishable under Sections 406, 420 read with Section 34 of IPC upon furnishing a personal bond in the sum of Rs.1,00,000/-(Rupees One Lac Only) each with one solvent surety each of the same amount to the satisfaction of the officer making arrest, for compliance with the following conditions:(For the sake of convenience of understanding by accused and surety, the conditions of bail are also reproduced in Hindi as under):-
Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 25-01-2024 10:30:46 PM 6(1) Applicants shall make themselves available for investigation as may directed by the officer, in-charge of investigation;
(1) vUos"k.kdrkZ iqfyl vf/kdkjh ds funsZ'kkuqlkj vUos"k.k gsrq vkosnd miyC/k jgsxkA (2) Applicants shall not commit or get involved in any offence of similar nature;
(2) vkosnd leku izd`fr dk dksbZ vijk/k ugha djsxk ;k mlesa lfEefyr ugha gksxkA (3) Applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them/him/her from disclosing such facts to the Court or to the police officer;
(3) vkosnd izdjz.k ds rF;ksa ls ifjfpr fdlh O;fDr dks izR;{k ;k vizR;{k :i ls izyksHku] /kedh ;k opu ugha nsxk] ftlls ,slk O;fDr ,sls rF;ksa dks U;k;ky; ;k iqfyl vf/kdkjh dks izdV djus ls fuokfjr gksA (4) Applicants shall not directly or indirectly attempt to temper with the evidence or allure, pressurize or threaten the witness;
(4) vkosnd izR;{k ;k vizR;{k :i ls lk{; ds lkFk NsMNkM djus dk ;k lk{kh ;k lkf{k;ksa dks cgykus&Qqlykus] ncko Mkyus ;k /kedkus dk iz;kl ugha djsxkA (5) Upon submission of final report under Section 173 of Cr.P.C, the applicants shall furnish fresh personal bond and solvent surety of aforementioned amount to the satisfaction of the Trial Court, if so directed and thereafter, shall remain present on every date of hearing as may be directed by the concerned Court;
(5) /kkjk 173 na-iz-la- ds rgr vafre izfrosnu izLrqr gksus ij] ;fn ,slk funsZf'kr fd;k tkrk gSZ] vkosnd fopkj.k U;k;ky; dh larqf"Vizn iwoZ mYysf[kr jkf'k dk uohu oS;fDrd ca/ki= ,oa izfrHkw ca/ki= izLrqr djsxk vkSj mlds mijkar lacaf/kr U;k;ky; ds funsZ'kkuqlkj lquokbZ dh izR;sd Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 25-01-2024 10:30:46 PM 7 frfFk ij mifLFkr jgsxkA (6) During trial, the applicants shall ensure due compliance of provisions of Section 309 of Cr.P.C. regarding examination of witnesses in attendance;
(6) fopkj.k ds nkSjku] mifLFkr xokgksa ls ijh{k.k ds laca/k esa vkosnd /kkjk 309 na-iz-la- ds izko/kkuksa dk mfpr vuqikyu lqfuf'pr djsxkA This order shall be effective till the end of trial. However, in case of breach of any of the precondition of bail, it shall become ineffective without reference to the Court.
The trial Court shall get these conditions reproduced on the personal bond by the accused and on surety bond by the surety concerned, if any of them is unable to write, the scribe shall certify that he had explained the conditions to the concerned accused or the surety.
C.C. as per rules.
(SANJEEV S KALGAONKAR) JUDGE MKB Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 25-01-2024 10:30:46 PM