Madhya Pradesh High Court
Ashwin Kumar vs The State Of Madhya Pradesh on 28 July, 2020
Equivalent citations: AIRONLINE 2020 MP 1328
Author: Vivek Rusia
Bench: Vivek Rusia
-1- MCRC No.22611/2020
HIGH COURT OF MADHYA PRADESH,
BENCH AT INDORE
MCRC NO.22611/2020
(Ashwin Kumar s/o Jaswant Prasad Dubey vs. State of M.P)
28.07.2020: (INDORE):
Shri Abhinav Dhanodkar, learned counsel for the
applicant.
Shri Viraj Godha, learned Panel Advocate for the
respondent/State.
Heard learned counsel for the parties through video conferencing.
This is the third repeat application filed under section 439 Cr.P.C seeking bail in connection with Crime No.1180/2019 registered at police station Chandan Nagar, district Indore for the offence punishable under sections 420, 467 & 468 of the IPC and section 292-C & 292-D of the M.P Municipal Corporation Act. The first and second applications were rejected on merit on 18.02.2020 & 04.03.2020 vide MCRC No.7253/2020 & MCRC No.9850/2020 respectively.
For the sake of repetition, as per the prosecution story vide letter dated 19.12.2019, the Building Officer, Zone No.16, Indore Municipal Corporation requested SHO of Police Station Chandan Nagar, Indore for registration of an FIR against Sanjay Dubey, Govind Kushwaha and the present applicant disclosing commission of offence punishable u/s.292-C and 292-D of the Act of 1956 and u/s. 420, 467 and 468 of the I.P.C. As per contents of the above letter, the applicant and two others as they are indulging into -2- MCRC No.22611/2020 sale of numbers the plots in Abhijit Nagar situated at Survey No.89/1/1/4, Sirpur behind the Airport Boundary Wall illegally without obtaining the order of diversion and colonizer licence from the Indore Municipal Corporation which is an offence punishable u/s. 292-C and 292-D of the Act of 1956. The Police have registered the FIR and started the investigation. As of today, the prosecution has collected a photocopy of the agreement to sell dated 20.2.2019 executed between Arif Ali Shah, Sanjay Dubey, and Govind Kushwaha in respect of land bearing Survey No.89/1/1/4 area 2.000 hect. In the said agreement to sell, it is mentioned that there are as many as 100 plots measuring 600 sq.ft. each are available for sale. Under the said agreement to sell, now the applicant and two others have started selling the plots to the individuals. The prosecution has also collected other agreements to sell in respect of Plot No.59 of the same land i.e. Survey No.89/1/1/4 executed by Sanjaykant Dubey in favour of Kalu Rathore and agreement in respect of Plot No.80 of the same land executed by Sanjaykant Dubey in favour of Smt. Asha Sisodia. The investigation is going on and original documents are yet to be recovered.
Shri Abhinav Dhanodkar, learned counsel submits that Govind Kushwaha along with Sanjaykant Dube agreed to sell the land with Arif who has also been made accused in separate Crime No.1181/2019. He filed a bail application (MCRC No.11717/2020) under section 439 Cr.P.C which has been allowed by the co-ordinate Bench of this Court vide order dated 22.05.2020. He further submits that based on the agreement to sell with Arif co-accused Sanjaykant Dube had -3- MCRC No.22611/2020 executed 4 agreements to sell and received the sale consideration. In those agreements present applicant has neither signed as a vendor nor as a witness. Sanjaykant Dube has been granted default bail by the trial Court. The present applicant is in jail since 20.01.2020. The investigation is complete and the charge sheet has been filed. There is no progress in the trial due to lockdown. Since the co-accused Govind Kushwaha has also been enlarged on bail on 07.07.2020 in MCRC No.18534/2020, therefore, the present applicant may kindly be enlarged on bail on the ground of parity and subsequent development. Shri Abhinav Dhanodkar, learned counsel for the applicant submits that the applicant is ready to donate 50 PPT kits to the CMHO of District Hospital, Indore for the use of the para-medical staff. He further undertakes that the applicant shall not execute any sale deed or agreement to sell the land in question with anyone.
Learned Govt. Advocate opposes the application. I have perused the case diary as well as the case diary of Crime No.1181/2019. Aarif has been made accused in respect of the transaction of the same land which is involved in this case also. He had an agreement with the actual owners of land survey No.89/1/1/4and based on the said agreement he is said to have sold the land to Sanjaykant Dubey, Govind Kushwaha and the present applicant. Out of 3, only Sanjaykant Dube has executed 4 agreements to sell which has been seized by the Police. There is no material about the acceptance of any amount by the present applicant. Since three accused have already been granted bail, therefore, the -4- MCRC No.22611/2020 present application is also liable to be allowed with conditions and undertakings. The applicant is directed to be released on bail and on his furnishing a personal bond in the sum of Rs.2,00,000/- (Rupees Two Lacs) with one solvent surety of the like amount to the satisfaction of the trial court for his regular appearance before the trial court during the trial with a condition that he shall remain present before the court concerned during the trial and shall also abide by the conditions enumerated under section 437(3) Cr.P.C.
Before releasing the applicant from the custody the jail authorities are directed to medically examine him in order to rule out the possibility of COVID -19 infections and shall comply with the direction given by the Hon'ble Apex Court in Writ Petition No. 1/2020.
C.c as per rules.
(VIVEK RUSIA) JUDGE Digitally signed by Hari Kumar hk/ Nair Date: 2020.07.29 14:02:12 +05'30'