Madhya Pradesh High Court
Deepak Singh Chauhan vs The State Of Madhya Pradesh on 3 June, 2021
Author: Rajendra Kumar Srivastava
Bench: Rajendra Kumar Srivastava
1 MCRC-43175-2020
The High Court Of Madhya Pradesh
MCRC-43175-2020
(DEEPAK SINGH CHAUHAN Vs THE STATE OF MADHYA PRADESH)
13
Jabalpur, Dated : 03-06-2021
Heard through Video Conferencing.
Shri V.K. Solanki, Advocate for the petitioner.
Shri Surendra Verma, Advocate for the objector.
Shri Subodh Tamrakar, P.L. for the respondent-State.
This is first bail application filed by the petitioner under Section 439 of the Code of Criminal Procedure.
The petitioner is in custody since 09.10.2020 in connection with Crime No.296/2020 registered at Police Station-Bichua, Distt.-Katni (M.P.) for the offence punishable under Sections 406, 420 of IPC.
As per prosecution case petitioner-accused got Rs.10 lakhs from complainant Yogesh Agarwal to provide C&F (Costs and Freight) of chocolate. Thereafter, he was unable to provide the chocolate. Thus, petitioner has cheated complainant.
Learned counsel for the petitioner-accused submits that petitioner- accused has been falsely implicated in this case. He further submits that this is a case of purely breach of contract. So, no case is made out under Section 420 & 406 of IPC. Petitioner-accused is a trader. There is a contract between petitioner and complainant to provide franchise for chocolate to the complainant but due to COVID-19 pandemic, petitioner could not carry out the said promise. Petitioner-accused has already deposited about Rs. 5 lakhs in the account of petitioner-accused and he is still ready to repay the balance amount of Rs. 5 lakhs within six months. Apart from this, when petitioner-accused became unable to repay the amount to the complainant then co-accused (wife of petitioner) and complainant Yogesh Agarwal have executed an agreement in this regard. Co-accused Jyoti Chauhan gave some post dated cheques amounting Rs.10 lakhs to the complainant. Thereafter, complainant deposited the said cheques in the bank. Cheque became dishonoured then complainant filed a criminal complaint under Section 200 of Cr.P.C. r/w Section 138 of N.I. Act against the co-accused. So, there is no ingredients of cheating is available on the record. Petitioner-accsued is in custody since 09.10.2020. Charge-sheet has been filed. It is time of COVID-19 Signature Not Verified SAN pandemic due to this, conclusion of trial will take time for final disposal.
Digitally signed by PALLAVI SINHA Date: 2021.06.04 17:32:16 IST2 MCRC-43175-2020 Petitioner-accused is not previously convicted. There is no probability of his absconding or tampering with the prosecution evidence. He is the bread earner of his family. If he will be kept in custody for unlimited period then future of his family will be spoiled. The accused/petitioner is ready to furnish bail as per the order, abiding with all conditions imposed by the Court. On these grounds, learned counsel for the petitioner prays for grant of bail to the petitioner.
Per-contra, learned Panel Lawyer opposes the bail application. Learned counsel for the objector submits that petitioner-accused got Rs. 10 lakhs from the complainant to provide the C&F of chocolate but he was unable to fulfill his promise and did not repay the amount to the complainant, so petitioner-accused is not entitled for bail.
After hearing arguments of the parties and looking to the facts and circumstances of the case as also the facts that petitioner-accused is a businessman, there is a contract between petitioner-accused and complainant to provide C&F of chocolate to complainant and petitioner received Rs.10 lakhs from the complainant, petitioner-accused has already deposited some amount, thereafter, an agreement has been executed between complainant and co-accused Jyoti (wife of petitioner- accused), Jyotin Chauhan has given some post dated cheques of Rs. 10lakhs to the complainant, complainant has already filed a criminal complaint under Section 200 Cr.P.C r/w Section 138 N.I. Act against co- accused Jyoti Chouhan, petitioner-accused is also ready to deposit the remaining amount of Rs. 5 lakhs within 6 months, petitioner-accused is in custody since 09.10.2020, charge-sheet has been filed, it is the time of pandemic COVID-19 due to which conclusion of trial will take time, the r e is no probability of his absconding or tampering with the prosecution evidence, he is not previously convicted, he is the bread earner of his family, so it is not appropriate to keep him in jail during whole trial, therefore, without commenting on merits of the case, application of the petitioner under Section 439 of the Cr.P.C. seems to be acceptable. Consequently, it is hereby allowed.
It is directed that petitioner-Deepak Singh Chauhan be released on bail subject to depositing the amount of Rs.5 lakhs before the Trial Court within six months from his date of release from the jail on his furnishing a personal bail bond in the sum of Rs.1,00,000/-(Rupees One Lakh Only) with two solvent sureties in the amount of Rs. 50,000/- each Signature Not Verified SAN to the satisfaction of the learned JMFC concerned or trial Court for his Digitally signed by PALLAVI SINHA Date: 2021.06.04 17:32:16 IST 3 MCRC-43175-2020 appearance before the trial Court on the dates given by the concerned Court. It is made clear that the amount of Rs. 5 lakhs which will be deposited by the petitioner within six months from his release, shall be deposited as Fixed Deposit in a Nationalized Bank.
In view of the outbreak of 'Corona Virus disease (COVID-19)' the petitioner shall also comply the rules and norms of social distancing.
Further, in view of the order passed by the Hon'ble Supreme Court in suo moto W.P.No.1/2020, it would be appropriate to issue the following direction to the jail authority:-
1. The Jail Authority shall ensure the medical examination of the petitioner by the jail doctor before his release.
2. The petitioner shall not be released if he is suffering from 'Corona Virus disease'. For this purpose appropriate tests will be carried out.
3. If it is found that the petitioner is suffering from 'Corona Vi r u s disease', necessary steps will be taken by the concerned authority by placing him in appropriate quarantine facility.
Certified copy as per rules.
(RAJENDRA KUMAR SRIVASTAVA) V. JUDGE Pallavi Signature Not Verified SAN Digitally signed by PALLAVI SINHA Date: 2021.06.04 17:32:16 IST