Madhya Pradesh High Court
Dilip Singh vs The State Of Madhya Pradesh on 9 October, 2017
M.Cr.C. No.9186 of 2017
09/10/2017
Shri C. L. Yadav, learned Senior Counsel with Shri
Shyam Singh Thakur, learned Counsel for the applicant--
Dilip Singh S/o Late Shri Samandersingh.
Shri K. K. Tiwari, learned Public Prosecutor for the
nonapplicant/State.
Shri Anil Ojha, learned Counsel for the objector.
Heard. Perused the case diary.
2. This is 2nd/repeat application for grant of bail filed by
applicant - Dilip Singh, who is implicated in Crime
No.128/2015, registered at police station - Kishanganj,
Indore for the offence punishable under Sections 420, 467,
468, 471 / 34, IPC. He is in custody since 18.1.2017.
3. On 9.8.2004, coaccused Sonpal Verma, purchased an
area of 1.128 hectares of village Pigdambar, Tehsil Mhow,
District - Indore, from golden forest India Ltd. On 9.4.2010,
co - accused Sonpal Verma, has executed power of attorney
in favour of applicant - Dilip Singh Goyal, in respect of his
land situated at Patwari Halka No.1, village Pigdamber
Tehsil Mhow, Distt. Indore. On the basis of power of
attorney, applicant Dilip Singh and Sonpal Verma, shown
themselves as owner of the said land and induced the
objector company M/s. Vinayak Autolink Pvt. Ltd, to
purchase the said land. The accused persons also prepared
false and fabricated document such as BhuAdhikar Rin
Pustika No.35095 of the said land and thereafter executed
an agreement dated 15.3.2013 to sale with the present
applicant attorney holder and objector has put a huge
amount of Rs.3,04,00,000/. After payment of
Rs.3,04,00,000/ applicant failed to execute the sale deed
of the land in question. Thereafter, the objector has
demanded the refund of their amount, but till today the
amount has not been paid.
4. A suit for recovery has been filed for recovery of Rs.11
crore on 3.7.2014 by the objector against the applicant and
coaccused Sonpal Verma.
5. For refunding the part amount of the amount received
by the accused persons they have issued cheques of Rs.25
lacs and 2.5 lacs respectively, but both the cheques were
returned unpaid on 3.2.2015 and 3.3.2015, respectively
and, therefore, two separate criminal complaints under
Section 138 of N.I. Act have been filed by the objector
against the applicant.
6. As per case diary, the allegation against the applicant
that he with the help of coaccused persons has conspired
to design the objector company and are successful in
getting the huge amount in crores. After obtaining the huge
amount by the objector company, the applicant and his
family members purchased the property in the name of
M/s. Shakti Cold Storage and used the same amount for
their personal gains.
7. Learned Senior Counsel for the applicant has
submitted that first application was dismissed on the
ground that no chargesheet was filed and the applicant
was arrested only on 18.1.2017 whereas the criminal case
was registered in the year 2015. He further submitted that
while rejecting the first applicant liberty was granted to
repeat the same after three months. At present the
applicant is in custody for a period about 9 months and
chargesheet is also filed. He submitted that in identical
matter, bail application has been allowed by this Court and
prays for grant of bail.
8. Learned Public Prosecutor and Shri Anil Ojha, learned
Counsel for the objector opposed the prayer and submitted
that applicant be directed to deposit the amount as the
huge amount of Rs.3.4 crores is involved in the present
case.
9. In reply, Shri C. L. Yadav, learned Senior Counsel has
submitted that suit for recovery is pending since, 2014 and,
therefore, at this stage it would not be proper for giving
direction to the applicant for depositing the amount.
10. Considering the aforesaid facts and circumstances of
the case so also the nature of allegation made against the
present applicant, without expressing any opinion on the
merits of the case, Miscellaneous Criminal Case No.9186/2017
is allowed. It is directed that the applicant--Dilip Singh shall
be released on bail subject to his depositing Rs.5,00,000/
(Five Lakhs) in cash in the trial Court and upon his
furnishing personal bond in the sum of Rs.2,00,000/
(Two Lakhs) with two local sureties each in the like amount
to the satisfaction of the concerned JMFC/CJM for his
appearance before him or trial Court on all dates of hearing as
may be fixed in this behalf by the Court concerned during trial.
11. This order will remain operative subject to compliance of
the following conditions:
1.The applicant will comply with all the terms and conditions of the bond executed by him;
2. The applicant will cooperate in the investigation / trial, as the case may be;
3. The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him / her from disclosing such facts to the Court or to the Police Officer, as the case may be;
4. The applicant shall not commit an offence similar to the offence of which he is accused;
5. The applicant will not seek unnecessary adjournments during the trial; and
6. The applicant will mark his presence at Police Station--Kishanganj, District--Indore once in every month till the trial is completed.
A copy of this order be sent to the Court concerned for compliance.
C. c. as per rules.
(P. K. Jaiswal) Judge pp/