Madhya Pradesh High Court
Jugal Kishore Alias Ranu Namdeo vs The State Of Madhya Pradesh on 28 March, 2022
Author: Vishal Mishra
Bench: Vishal Mishra
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VISHAL MISHRA
ON THE 28th OF MARCH, 2022
MISC. CRIMINAL CASE No. 15146 of 2022
Between:-
JUGAL KISHORE ALIAS RANU NAMDEO S/O SHRI
ARUN KUAMR NAMDEO , AGED ABOUT 32 YEARS,
OCCUPATION: CLERK IN CO OPERATIVE BANK
KATRA WARD NO.22 P.S. KOTWALI TEHSIL AND
DISTRICT PANNA (MADHYA PRADESH)
.....PETITIONER
(BY SHRI KUNAL DUBEY, ADVOCATE )
AND
THE STATE OF MADHYA PRADESH THROUGH P.S.
KOTWALI PANNA (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI ALOK AGNIHOTRI, DEPUTY GOVT. ADVOCATE )
MISC. CRIMINAL CASE No. 14566 of 2022
Between:-
MUSHTAQ KHAN S/O SAMSUDDIN KHAN , AGED
ABOUT 27 YEARS, OCCUPATION: BUSINESS
RANIGANJ MOHALLA, P.S. AND TEH.PANNA
(MADHYA PRADESH)
.....PETITIONER
(BY SHRI K.N. BUNDELA, ADVOCATE )
AND
THE STATE OF MADHYA PRADESH THROUGH
POLICE STATION KOTWALI POLICE STATION
KOTWALI (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI ALOK AGNIHOTRI, DEPUTY GOVT. ADVOCATE )
These applications coming on for admission this day, the Court passed the
following:
ORDER
Since both these applications are arising out of same Crime No.1021/2021 registered at same Police Station Kotwali, District Panna, they are being heard and Signature Not Verified SAN decided by this common order. For the sake of convenience, facts stated in Digitally signed by SUSHEEL KUMAR JHARIYA M.Cr.C.No.15146/2021 are taken into consideration.
Date: 2022.03.31 10:55:19 IST 2 These are the second bail applications under Section 439 of Cr.P.C. for grant of bail. The earlier applications were dismissed with liberty to repeat the same after filing of the charge-sheet. It is submitted that the charge-sheet has been filed on 09.03.2022.
The applicants have been arrested on 08.12.2021 by Police Station Kotwali, District Panna (M.P.) in connection with Crime No.1021/2021 for the offence punishable under Sections 420, 467, 468 & 474 of Indian Penal Code.
It is submitted that the applicants have been falsely implicated in the case and they have not committed any offence in any manner. The applicants have been made accused owing to the fact that some agreement to sale was executed between the complainant and just to avoid execution of sale-deed, they have been made accused in the matter. Allegation against applicant Jugal Kishore is that he alongwith other co-accused have withdrawn an amount of Rs.21,68,778/- from the account of the complainant. Mobile SIM was provided by co-accused Mushtaq @ Imran and account number of the complainant was got tagged with the aforesaid mobile number and subsequently, the mobile and SIM was taken back by applicant Jugal Kishore, owing to some property dispute and on the information that there is lot of amount deposited in the account of the complainant, therefore, with the help of other co-accused, they have withdrawn the entire amount from the account of the complainant, as they were having mobile with the SIM, which was attached with the account number of the complainant. Allegation against applicant Mushtaq Khan is that he has provided SIM card and mobile to the complainant and got it attached with the account number of the complainant. It is submitted that a charge- sheet has been filed in the matter and there is no further requirement of custodial interrogation of the present applicants. They are ready to abide by all the terms and conditions that may be imposed by this Court while considering their bail applications. The applicants are the first offenders and the aforesaid aspect can be verified. In view of the aforesaid, they pray for grant of bail.
Per contra, learned counsel appearing for the State vehemently opposed the Signature Not Verified SAN application stating that there is active participation of the applicants in commission Digitally signed by SUSHEEL KUMAR JHARIYA of offence. They have jointly created a conspiracy and have withdrawn the huge Date: 2022.03.31 10:55:19 IST 3 amount approximately Rs.22.00 lac from the account of the complainant, spent the same on the shopping from Flipkart and Amazon. The SIM card was provided by accused Mushtaq and mobile was taken back by accused Jugal Kishore, therefore, it cannot be said that they have made accused only on the basis of memo under Section 27 of the Evidence Act, however, from the entire facts and circumstances, it is clearly reflected that huge amount has been withdrawn from the account of the complainant by using the mobile and SIM card which was provided by accused Mushtaq. Looking to the fact that such offence are increasing day by day in society at large, he has prayed for dismissal of the applications.
Considering the over all facts and circumstances of the case and the active participation of the applicants in commission of offence, this Court does not deem it appropriate to allow the applications at this stage. Both these applications are hereby rejected.
(VISHAL MISHRA) JUDGE sj Signature Not Verified SAN Digitally signed by SUSHEEL KUMAR JHARIYA Date: 2022.03.31 10:55:19 IST