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Madhya Pradesh High Court

Mohammad Farukh Shekh vs The State Of Madhya Pradesh on 14 December, 2022

Author: Anil Verma

Bench: Anil Verma

                                                             1
                            IN     THE      HIGH COURT OF MADHYA PRADESH
                                                  AT INDORE
                                                       BEFORE
                                           HON'BLE SHRI JUSTICE ANIL VERMA
                                              ON THE 14 th OF DECEMBER, 2022
                                          MISC. CRIMINAL CASE No. 51180 of 2022

                           BETWEEN:-
                           MOHAMMAD FARUKH SHEKH S/O ABDUL SALIM
                           SHEKH, AGED ABOUT 21 YEARS, OCCUPATION:
                           BUSINESS, R/O: BHANPURA, M A N D S A U R , DIST.
                           MANDSAUR (MADHYA PRADESH)

                                                                                           .....APPLICANT
                           (BY SHRI GOVIND PAL SINGH SONGARA -ADVOCATE)

                           AND
                           THE STATE OF MADHYA PRADESH STATION HOUSE
                           OFFICER THROUGH POLICE STATION NALKHEDA,
                           DISTRICT AGAR-MALWA (MADHYA PRADESH)

                                                                                        .....RESPONDENT
                           (BY SHRI SACHIN JAISWAL - PANEL LAWYER)

                                 This application coming on for hearing this day, the court passed the
                           following:
                                                              ORDER

This is the first bail application under Section 439 of the Code of Criminal Procedure, 1973 filed on behalf of the applicant for grant of bail. The applicant is in custody since 09.10.2022 in connection with Crime No.248/2022 registered at Police Station â€Â" Nalkheda, District Agar (M.P.) for commission of offence punishable under sections 420, 465, 465, 468, 471 and 120-B of the Indian Penal Code of 1860 read with Section 339(C) of M.P. Nagar Palika Adhiniyam, 1961.

As per prosecution story, in the year 2009 complainant entered into a sale Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 15-12-2022 10:28:02 2 agreement with the co-accused Ramesh Chandra Bhilala and Kishore Chandra Bhilala for purchase of the disputed agricultural land admeasuring 2.307 hectare on a consideration of Rs.22,00,000/- per bigha and complainant made certain cash payment to co-accused Ramesh and Kishore. Thereafter, complainant through one Kamal Kishore Patidar gave Rs,5,00,000/- to co-accused Ramesh and Kishore and executed one agreement dated 01.04.2021 whereby it was agreed that the remaining amount of consideration will be paid at the time of execution of sale deed. Thereafter, co-accused Kishore and Ramesh executed sale agreement dated 09.08.2021 of said land with Mohd. Farukh and on the basis of said agreement obtained permission to sale said land under the provisions of MPLRC. Accordingly, offence has been registered against the applicant and other accused persons.

Learned counsel for the applicant submits that the applicant is an innocent person and he has been falsely implicated in this offence. He is in custody since 09.10.2022. Applicant is bona fide purchaser who purchased the land in question from co-accused Kishore and Ramesh by obtaining permission to sale from the Court of Additional Collector District Agar. He has duly paid the amount of consideration to the sellers. Co-accused Ajay Bhillala has been enlarged on bail vide order dated 12.10.2022 passed in MCRC No.45435/2022 in the similar circumstances. Hon'ble Apex Court vide order dated 10.10.2022 had granted stay on arrest of the co-accused Mohammad, Juber and others in reference to the FIR No.248/2022. Applicant is permanent resident of Mandsaur district. Investigation is almost over and final conclusion of the trial is likely to take sufficient long time. In the offence under Sections 420, 465, 467, 471 and 120-B of IPC is made against the present applicant. Hence, he prays that applicant be enlarged on bail.

Per contra, learned counsel for the respondent / State opposes the bail application and prays for its rejection by submitting one criminal antecedent has been found against the present applicant. Therefore, he does not deserve for bail.

Perused the impugned order of the trial Court as well as the case diary. After considering all the facts and circumstances of the case, nature and gravity of offence, arguments advanced by the learned counsel for the applicant and also taking note of the fact that seller co-accused Ramesh and Kishore have obtained permission from the Court of Collector, Agar regarding the sale of land in question. Thereafter, present applicant purchased the land in question through registered sale-deed, co-accused Ajay Bhillala has been enlarged on bail vide order dated 12.10.2022 passed in MCRC No.45435/2022 in the similar circumstances, investigation is almost over and final conclusion of the trial will take sufficient long time, in view of the above, without commenting on the merits of the case, I deem it proper to release the applicant on bail.

Therefore, application is allowed. It is directed that applicant be released on bail on his furnishing personal bond in the sum of Rs.75,000/- (Rupees Seventy Five Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court for his appearance before the trial Court, as and when required. He shall abide by all the conditions enumerated under Section 437(3) Cr.P.C.

Certified copy as per rules.

(ANIL VERMA) JUDGE Anushree Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 15-12-2022 10:28:02 4 Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 15-12-2022 10:28:02