Madhya Pradesh High Court
Subhash Babu Sharma (Mishra) vs The State Of Madhya Pradesh on 2 July, 2018
(1)
HIGH COURT OF MADHYA PRADESH:JABALPUR
Criminal Appeal No.4243/2018
Subhash Babu Sharma (Mishra) and another vs. State of
Madhya Pradesh and another
JABALPUR, DATED 02-07-2018
Shri Manish Datt, Senior Advocate with Shri Yogesh
Soni, counsel for the petitioners.
Shri S. K. Rai, Government Advocate for the
respondent/State.
Sushri Hemlata Kshatriya, counsel for respondent no.2. Heard on this appeal for anticipatory bail under section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, filed on behalf of appellants Subhash and Rishi in Crime No.01/2018, registered by P.S. SC/ST Welfare (AJK), District Bhopal, under sections 294, 506 read with Section 34 of the Indian Penal Code, Section 3(1)(da)(dha) of the SC & ST (Prevention of Atrocities) Act, 1989, Section 420, 467, 468 and 471 of the Indian Penal Code and Section 3(2)(v) of the SC & ST (Prevention of Atrocities) Act, 1989.
The first application filed on behalf of petitioner Rishi Sharma for the same relief had been dismissed as withdrawn by order dated 12.02.2018 passed by a coordinate bench of this Court comprising Hon'ble Shri Justice G.S. Ahluwalia. Since his Lordship is no longer available to sit at Principal Seat at Jabalpur, this matter has been posted before this bench.
This criminal appeal is directed against the order dated 17.05.2018 passed by the Court of Special Judge SC/ST (Prevention of Atrocities) Act, Bhopal, in Bail Application No.1317/2018.
As per the prosecution case, petitioner Subhash Babu Sharma is Time-Keeper in Bhopal Development Authority.
(2)HIGH COURT OF MADHYA PRADESH:JABALPUR Criminal Appeal No.4243/2018 Subhash Babu Sharma (Mishra) and another vs. State of Madhya Pradesh and another About three years before the date of the incident, he had collected money from about 40 persons for getting houses of Bhopal Development Authority, allotted. In aforesaid manner, he had extracted Rs.3,00,000/- from victim Chandrakant. About 8-9 months back, he had also collected money from witness Sunil Kale; however, since he was unable to get the houses allotted, the victim and other such persons were pressurizing him for getting back their respective amounts; whereon, he issued three cheques in favour of victim Chandrakant. These cheques were dishonored by Nehru Nagar Branch of State Bank of India. Later, on the promise made by appellants Subhash and Rishi, the victim returned those cheques. In lieu thereof, appellant Rishi issued two fresh cheques in favour of Chandrakant. Subhash Babu also issued one more cheque; however, these fresh cheques were also dishonored.
It is also the case of the prosecution that at about 8:00 a.m. on 09.11.2017, Chandrakant and Sunil Kale were going for a walk. Appellants Rishi and Subhash met them on the way. When the victims asked about their money and protested that the cheques issued by the appellants had bounced, the appellants replied that the victims are lodging cases under Section 138 of the Negotiable Instruments Act and reporting the matter to police; therefore, the appellants are required to spend money. The victims asked them not to indulge in unnecessary talks. Appellants Rishi and Subhash addressed the victims in a derogatory manner with reference to their (3) HIGH COURT OF MADHYA PRADESH:JABALPUR Criminal Appeal No.4243/2018 Subhash Babu Sharma (Mishra) and another vs. State of Madhya Pradesh and another scheduled caste and threatened that they would beat them with shoes. Thereafter, first information report was lodged.
Learned counsel for the appellants submits that the appellants had lost their cheques, which were misused by the victims. The concerned police station was conducting unilateral investigation; therefore, the petitioners had filed W.P.No.3823/2018 in the High Court of Madhya Pradesh. By order dated 05.03.2018, a coordinate bench of this Court had directed the police to look into the grievance of the petitioner and take necessary measures for ensuring expeditious and fair investigation in the light of the law laid down by the Supreme Court in the case of Jitendra Singh Narvariya vs. State of Madhya Pradesh and others, 2017(2) MPWN SN 91 . It has also been submitted that earlier appeal for the same relief filed on behalf of the appellant was dismissed as withdrawn by order dated 12.02.2018. It was disposed of before the judgment in the case of Dr. Subhash Kashinath Mahajan vs. State of Maharashtra(Cr.A.No.416/2018 dated 20th March, 2018) passed by the Supreme Court, which has considerably widened the scope of grant of anticipatory bail to an accused in a case under SC & ST (Prevention of Atrocities) Act. Learned counsel for the appellants has also invited attention of the Court to the order dated 26.03.2018 passed by a coordinate bench of this Court in Cr.A.No.1915/2018, order dated 04.04.2018, again passed by a coordinate bench of this Court in Cr.A.No.1757/2018 and order dated 17.05.2018 passed by this Court in Cr.A.No.1054/2018. Therefore, it has been prayed that the appellants be granted the benefit of anticipatory bail.
(4)HIGH COURT OF MADHYA PRADESH:JABALPUR Criminal Appeal No.4243/2018 Subhash Babu Sharma (Mishra) and another vs. State of Madhya Pradesh and another Learned Government Advocate for the respondent/State on the other hand submits that this is a case where the appellants had cheated about 40 persons in similar manner. The defence that he had lost cheques which were misused by the victims is of oft repeated defence, which cannot be given any credence. Regardless of the provision of SC & ST (Prevention of Atrocities) Act. This is a serious case of cheating and forgery of receipts of Bhopal Development Authority given by the appellants to the victims. He has also invited attention of the Court to the report of Deputy Superintendent of Police in- charge of investigation, dated 12.06.2018 wherein it has been stated that in spite of order of the High Court in aforesaid writ petition, the appellants are absconding and are not cooperating with the investigation at all; therefore, no progress is being made in the investigation. Therefore, it has been prayed that the appeal for anticipatory bail be also dismissed.
Keeping in view the facts and circumstances of the case in their entirety, particularly the facts as pointed out by learned Government Advocate for the respondent/State, in the opinion of this Court, this is not a fit case for grant of anticipatory bail.
Consequently, this appeal for anticipatory bail under section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 filed on behalf of appellant Subhash and Rishi, is dismissed.
(C.V. Sirpurkar) Judge Digitally signed by BIJU BABY b Date: 2018.07.03 22:17:57 -07'00' (5) HIGH COURT OF MADHYA PRADESH:JABALPUR Criminal Appeal No.4243/2018 Subhash Babu Sharma (Mishra) and another vs. State of Madhya Pradesh and another