Madhya Pradesh High Court
Mohd. Riyaz vs The State Of Madhya Pradesh on 1 October, 2019
[---1---] M.Cr.C. No.34718/2019 HIGH COURT OF M.P. BENCH AT INDORE M.Cr.C. No.34718/2019 (Mohammed Riyaz Vs. State of M.P.) Indore dt. 01.10.2019 Shri L.L. Sharma, learned counsel for the applicant.
Shri Anil Ojha, public prosecutor for State.
Heard.
This is first bail application filed under Section 439 of Cr.P.C. The applicant is in custody since 1.8.2019, in connection with crime no.564/2019, registered at police station Bhanwarkua, for the offence punishable under Sections 419 and 420 of IPC.
As per prosecution story, the applicant posing himself to be an agent from the Amazon Company had duped the unsuspecting complainant by offering him a scheme under which the used mobile of complainant of Galaxy S-9 Samsung Mobile was to be exchanged with a brand new Mobile of one plus 7 model of Samsung. The complainant has complained that after receiving the mobile from the applicant, he found supplied mobile to be a brand new mobile. However on minute scrutiny, the same came out to be a duplicate version and not original one. Consequently, the report was lodged and the charge sheet has been filed under Sections 419 and 420 of IPC.
Learned counsel for the applicant submits that the offence is triable by JMFC. Criminal antecedents of the applicant were called, but the same is not available with the learned public prosecutor.
Learned counsel for the State was also heard.
After duly considering the submissions, without M.Cr.C.No.34718/2019 expressing any opinion on merits of the case, the application for grant of bail stands allowed and it is directed that upon applicant's furnishing a personal bond to the tune of Rs.60,000/- with two local sureties of Rs.30,000/- each to the satisfaction of the trial court, the applicant shall be released on bail for his appearance before concerned trial court on all the dates as may be fixed in this behalf by the said court during pendency of the trial.
C.c as per rules.
(SHAILENDRA SHUKLA) JUDGE SS/- Digitally signed by Shailesh Sukhdev DN: c=IN, o=High Court of Madhya Shailesh Pradesh Bench Indore, postalCode=452001, st=Madhya Pradesh, 2.5.4.20=b99d782efca3d28a06caddf3fa Sukhdev 57b98c35054f3dd8638f2f98df0172d29 e61c2, serialNumber=ffa0399242ca45066c196 1743f4d307cfe601d3c99a4a61b38fcd0 8eaabe7237, cn=Shailesh Sukhdev Date: 2019.10.03 13:12:51 +05'30'