Madhya Pradesh High Court
Zakir vs The State Of Madhya Pradesh on 8 July, 2020
Author: Virender Singh
Bench: Virender Singh
1
HIGH COURT OF MADHYA PRADESH
MCRC No. 15030/2020, (Zakir vs. State of MP)
Indore: Dated:-08/07/2020:-
Shri Sunil Kumar Soni, learned counsel for the petitioner.
Shri Abhishek Malviya, learned Public Prosecutor for the
respondent/State.
Heard with the aid of case diary.
ORDER
1. Unsuccessful in his earlier bid to get bail in crime number 05/2020 registered at police Station Badgonda, District Indore under section 420, 467, 468, 471/34 of IPC, the petitioner has refreshed his prayer for bail. His first application was dismissed as withdrawn vide order dated 24.02.2020 passed in MCRC number 4223/2020.
2. The prosecution case in brief is that the mother of the petitioner had purchased a land bearing survey number 210/4. In the year 2014, this land was mortgage with the IIFL against a loan of Rs. 1,56,00,00,000/-. The loan was not repaid, therefore, vide order dated 22.12.2017, the collector ordered to handover possession of the land to IIFL. In compliance, the Tehsildar handed over the possession to IIFL on 22.02.2018. After about eight months of losing possession, on 31.10.2018, the petitioner entered into an agreement with the complainant to sell a plot size 17x80=1360 sqft. in this land for consideration of Rs.35.36 lakhs and received Rs.15,00,000/- by cash and cheque. 4th April, 2019 was settled as the date to execute the sale deed. The seller declared and assured the complainant that the land under sale is free from all sorts of encumbrances or that there is no charge over it of any type what-so-ever. For some reasons, the sale deed could not be 2 executed. The complainant paid Rs.6,80,000/- again and the date of executing the sale deed was extended to 6th of June 2019. Before executing the sale deed, the complainant came to know that the land had already been mortgaged by the petitioner and he had lost possession of the same even before entering into the sale agreement with the complainant, therefore, he demanded his money back, but the petitioner refused to accede his prayer. Therefore, the complainant approached the police and lodged an FIR alleging that by fraudulently concealing the fact of mortgage, the petitioner had deceived him and obtained Rs.21.6 lakhs.
3. This time the petitioner has come with an altogether new and different plea that the case is registered against him on the ground that he concealed the fact of mortgage of the property under sale or had made a false declaration that the property is free from all encumbrances, but the truth is that this fact is very well disclosed by him in the sale agreement itself. The learned counsel referred page number two of the sale agreement dated 21.05.2018, photocopy of which is filed at page number 44 of the petition, wherein it is mentioned that "उक भभूमम पर IIFL कक ऋणभकर हह". It is repeatedly asserted by the learned counsel that this is the original sale agreement and it is withheld by the complainant with malafide intention, instead he has placed on record, another agreement which is actually an admission of the petitioner's "कबभूमलियतनकमक"of receiving the money from him. It is further pleaded that it was the complainant who 3 didn't turn up on the date fixed for executing the sale deed, therefore, the petitioner slapped a legal notice through his counsel. This shows that the intention of the petitioner was bonafide, therefore, he be granted bail.
4. Another new plea of ailment of his wife (Paralytic attack) and disablement of minor son is also pressed into service to obtain bail. The learned counsel has referred photo copies of few documents to support his averment.
5. The learned Panel Lawyer has opposed the prayer of the petitioner. It is submitted that the petitioner is a habitual criminal. Earlier following 5 criminal cases have been registered against him:
Sl. Crime No. Sections Police
No. Station
1 164/2000 294, 323, 506 & 34 of IPC Badgonda,
District
Indore
2 5/2015 294, 147, 148, 149, 452, 323, -do-
336, 506 & 427 of IPC
3 153/2015 294, 147, 148, 452, 323, 336, -do-
506 of IPC
4 265/2015 147, 148, 294, 336 & 506 of -do-
IPC
5 5/2020 420 & 34 of IPC -do-
6. A specific query raised before the learned counsel for the petitioner as to why the document relied upon by the petitioner now have not been produced earlier either before the trial court or before this court. No satisfactory answer was offered by the petitioner. Admittedly, these documents had never been produced before the police and it had no occasion to probe its 4 veracity or authenticity. Therefore, such documents produced suddenly and surprisingly, without explaining reasons for not producing them earlier before this court, cannot be relied upon at this stage.
7. It is claimed by the petitioner that he has never signed or executed the agreement relied upon by the complainant, which according to him in fact is a "कबभूमलियतनकमक"and that his signatures on this document have been forged by the complainant, but no action has been taken in this regard by him against the wrongdoer.
8. Perusal of both these agreements shows that their content is also altogether different. The agreement relied upon by the petitioner now; shows the plot size 30X50=1500 sqft., rate Rs.2500/- per square feet, while the agreement relied upon by the complainant speaks the size of plot 17X80=1360 sqft. or 126.13 Square metres and rate Rs.2600/- per square feet. This restrains the Court from relying upon such documents at this stage without probing its veracity.
9. In respect of the other grounds also; no convincing reply is given as to why the same were not taken earlier.
10. Therefore, I am not convinced with the new reasons assigned by the petitioner for pressing his bail afresh.
11. Resultantly, the petition is dismissed.
(Virender Singh)
Judge
soumya Digitally signed by Soumya
Soumya
Ranjan Dalai
DN: c=IN, o=High Court of
Madhya Pradesh Bench
Indore, postalCode=452001,
Ranjan st=Madhya Pradesh,
2.5.4.20=f4d2118683e84322
bb5797cf28ee60671538b73
Dalai
7cf52962d84d7b527897e53
ac, cn=Soumya Ranjan Dalai
Date: 2020.07.14 13:47:15
+05'30'