Madhya Pradesh High Court
Manish Khatwani vs The State Of Madhya Pradesh on 22 May, 2020
Author: Rohit Arya
Bench: Rohit Arya
High Court of Madhya Pradesh
1
Mis. Cr. Case No.34430/2019 (Manish Khatwani Vs. State of M.P.,)
Indore: 22/05/2020
Ms. Sudha Shrivastava, Advocate for the applicant.
Shri Chetan Jain, Panel Lawyer for the respondent/State.
Ms. Mini Ravindran and Shri Manoj Manav, Advocates for the objectors/NRI students.
Heard through video conferencing.
I.A.No.2693/2020, an application seeking temporary bail filed on behalf of the applicant is taken up for consideration.
The applicant is in custody since 01/01/2019 in connection with crime No.290/2018 registered at Police Station Kanadia, Indore District Indore for the offence punishable under sections 420, 467 and 468 IPC.
Investigation is complete. Challan has been filed. This Court on 21/11/2019 has passed a detailed order setting forth the factual matrix of the case emanating from the FIR and the undertaking given by the learned counsel for the applicant, quoted below:
"During the course of hearing on instructions Ms. Shrivastava submits that the 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 towards 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."
Thereafter, the case has been taken up for hearing on High Court of Madhya Pradesh 2 Mis. Cr. Case No.34430/2019 (Manish Khatwani Vs. State of M.P.,) various occasions.
During the intermittent, Ms.Dhruvi Khatwani wife of the applicant stated to have deposited Rs.1.27 crores (Rupees one crore and twenty seven lakhs only) by selling her jewelry and from personal savings. The said amount has been paid to 50 students (Rs.2.50 lakhs each), i.e., 50% out of the total amount allegedly paid by each of such 50 students seeking admission in Modern Institute of Medical Sciences at Kanadia area, Indore for five years M.B.B.S., course.
The aforesaid fact is not disputed by the learned State's counsel.
Learned counsel for the applicant, on instructions from Ms.Dhruvi Khatwani wife of the applicant submits that the applicant shall pay 50% of the amount to each of another set of 50 students or pay the remaining 50% amount to each of the 50 students already paid 50% of the amount, depending upon the availability of students, within a period of two months. She submits that due to lock down and disruption in day to day banking / business transactions, the applicant may be permitted to pay the aforesaid amount in cash, nevertheless; in front of the concerned Station House Officer with due verification of identity of each of the students and receipt thereof counter-signed by the Station House Officer, Police Station Kanadia, District Indore and the photocopies thereof shall be filed on the record of this case.
Learned State's counsel has no objection to the same. However, he submits that stringent conditions may be imposed against the applicant in that behalf.
Learned counsels for the objectors have opposed the application with the submission that the objectors are NRI students and sofar, they have not been returned even a single penny though each of students have deposited substantial amount ranging from Rs.40.00 lakhs to Rs.60.00 lakhs seeking admission for the course in question.
Heard.
High Court of Madhya Pradesh 3 Mis. Cr. Case No.34430/2019 (Manish Khatwani Vs. State of M.P.,) No doubt, a large number of students of different categories have paid substantial amount seeking admission for five years medical course in Modern Institute of Medical Sciences at Kanadia area, Indore. Due to further non-extension or renewal of recognition after admission of the students in the college, they were not allowed to further prosecute studies and as a result their academic career was ruined. On account of intervention through the Court process, such students have been given admission in M.G.M. College, Indore and various other medical colleges to prosecute their studies. Nevertheless; students prima facie have been betrayed by the management of the aforesaid medical college and subjected to substantial financial loss with an intentional act or misrepresentation.
It is equally true that Ms.Dhruvi Khatwani wife of the applicant has made sincere efforts and has managed to pay Rs.1.270 crores (Rupees one crore and twenty seven lakhs only) to 50 students, out of her personal savings and stridhan, as claimed. Since wife of the applicant has made sincere efforts for compliance of the order passed by this Court on 21/11/2019, her bona fides cannot be doubted in the matter of further compliance of the Court order by herself or by the applicant.
This Court is not oblivious of the difficulties being faced by the people due to pandemic of COVID-19 in the country.
Therefore, in the fitness of things and as assured by the learned counsel for the applicant on the instructions of wife of the applicant and in the obtaining facts and circumstances but, without touching on merits on the application for regular bail, the applicant is hereby granted temporary bail for a period of six weeks from the date of his release from jail.
Consequently, it is directed that the applicant be released on temporary bail till the next date of hearing, on furnishing personal bond in the sum of Rs.5,00,000/- (Rupees five lakhs only) with one solvent surety in the like amount to the satisfaction of the trial Court, on the condition that he shall High Court of Madhya Pradesh 4 Mis. Cr. Case No.34430/2019 (Manish Khatwani Vs. State of M.P.,) remain present before the Court concerned during trial and also comply with the conditions enumerated under Section 437(3) of Cr.P.C., with following further conditions:
(i) the applicant after release from jail and Ms. Dhruvi wife of the applicant shall ensure payment of 50% of the amount to each of another set of 50 students in cash OR pay the remaining 50% amount to each of the 50 students already paid 50% of the amount in cash depending upon the availability of students, within six weeks from today;
in the presence of Station House Officer, Police Station Kanadia, Indore with due verification of identity of each of the students, and receipt thereof counter-signed by the Station House Officer, Police Station Kanadia, District Indore and the photocopies thereof shall be filed on the record of this case failure of compliance of this condition shall be viewed seriously by this Court;
(ii) the applicant shall surrender original passport in the office of Station House Officer, Police Station Kanadia, District Indore within one week from the date of release from jail;
(iii) the applicant shall furnish a written undertaking with his complete residential details that he will abide by the terms and conditions of various circulars and orders issued by the Government of India and the State Government as well as the local administration from to time in the matter of High Court of Madhya Pradesh 5 Mis. Cr. Case No.34430/2019 (Manish Khatwani Vs. State of M.P.,) maintaining social distancing, physical distancing, hygiene, etc., to avoid proliferation of Novel Corona virus (COVID-19);
(iv) the applicant shall install Aarogya Sethu App (if not already installed) in his mobile phone;
(v) the applicant shall not tamper with the evidence in any whatsoever in any manner or induce or threat any person acquainted with the facts of the case;
(vi) the applicant shall cooperate during trial and will not seek unnecessary adjournments during trial;
(vii) the applicant shall not leave the India or the area without previous permission of the trial Court/Investigating Officer, as the case may be;
(viii) the concerned jail authorities are directed that before releasing the applicant, the medical examination of the applicant be conducted through the jail doctor and if it is prima facie found that he is having any symptoms of COVID-19, then the consequential follow up action including the isolation/quarantine or any further test required be undertaken immediately. If not, the applicant shall be released on bail in terms of the conditions imposed in this order and shall also be given pass or permit for movement to reach his place of residence;
In the event of violation of any of the terms and conditions of the order by the applicant, the prosecution is at liberty to seek cancellation of the bail granted to the applicant.
High Court of Madhya Pradesh 6 Mis. Cr. Case No.34430/2019 (Manish Khatwani Vs. State of M.P.,) List the case on 06/07/2020.
Learned Panel Lawyer is directed to send an e-copy of this order to all the concerned including the concerned Station House Officer of the police station for information and necessary action.
Registry is directed to send an e-copy of this order to the the Court concerned for necessary compliance.
It is made clear that this e-copy order be treated as Certified copy in terms of the advisories issued by the High Court from time to time.
I.A.No.2693/2020 stands allowed and closed.
(Rohit Arya) Judge b/-
Digitally signed by M V R BALAJI SARMA Date: 2020.05.23 11:24:07 +05'30'