Madhya Pradesh High Court
Prem Masih vs The State Of Madhya Pradesh on 8 December, 2023
Author: Dinesh Kumar Paliwal
Bench: Dinesh Kumar Paliwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE DINESH KUMAR PALIWAL
ON THE 8 th OF DECEMBER, 2023
MISC. CRIMINAL CASE No. 47847 of 2023
BETWEEN:-
PREM MASIH S/O LATE SHRI REHMAT, AGED ABOUT 71
YEAR S, R/O E- 102, 103 KONARK INDRAYU PHASE-1
NIBM ROAD PUNE (MAHARASHTRA)
.....APPLICANT
(BY SHRI ANIL KHARE - SENIOR ADVOCATE WITH SHRI SOM MISHRA -
ADVOCATE)
AND
THE STATE OF MADHYA PRADESH THROUGH
ECONOMIC OFFENCE WING JABALPUR UNIT (MADHYA
PRADESH)
.....RESPONDENT
(BY SHRI MADHUR SHUKLA - ADVOCATE)
This application coming on for admission this day, the court passed the
following:
ORDER
This is the first bail application filed by the applicant under Section 439 of the Code of Criminal Procedure for grant of regular bail relating to FIR No.35/2023 dated 03.08.2023, registered at P.S.- Economic Offence Wing Unit Jabalpur (M.P.) for the offence punishable under Section 406,420,467,468,471 and section 120-B of IPC. Applicant is in detention since 12.10.2023.
2 . A s per the prosecution story, in the course of investigation of Signature Not Verified Signed by: MANOJ KUMAR LALWANI Signing time: 09-12-2023 12:11:34 2 some offence, it came to the knowledge of the Investigation Officer that P.C.Singh got executed the lease deed of 4000 Sq.ft plot comprising of land survey numbers Nos.15/1, 15/8, 15/9, 15/10 and 10/1 of Civil Station, Block No.4, Swami Dayanand Saraswati Ward, North Civil Line, Jabalpur on 07.6.2019 in his favour by the present applicant who was the power of attorney holder of United Church of Northern India Trust Association (UCNITA). It is alleged that when sale deed of leased land was executed in favour of P.C.Singh by the present applicant. P.C.Singh was the Chairman of UCNITA. It is stated that long back in the year 1919-1920, Plot No.15 comprising area 65,441 acre was leased out to foreign Cristian Missionary Society of Cincinnati Of Ohio, USA. It is alleged that aforesaid lease was renewed in the year 1970 and its validity period had expired on 31.3.1999. It is alleged that after expiry of lease, transfer deed was executed on 07.06.2019. As such, applicant and P.C.Singh by preparing and executing forged documents have caused wrongful loss worth Rs. 1,48,69,600/- to the State Government. Matter is still under investigation.
3. Learned counsel for the applicant has submitted that applicant has not committed any offence. He is innocent. He has been falsely implicated. He is 72 years old man and is suffering from Parkinson disease. It is further submitted that power of attorney was executed in his favour by UCNITA to execute the sale deed of land in favour of Bishop P.C.Singh. As such, he has not committed any offence. It is submitted that consideration amount was deposited transferred/ paid to the UCNITA and Signature Not Verified Signed by: MANOJ KUMAR LALWANI Signing time: 09-12-2023 12:11:34 3 not to him. It is further submitted that Government has already validated the aforesaid lease deed till 31.3.2029. Investigation is still under way. No purpose would be served by keeping an old man behind the bar. Therefore, it is prayed that applicant may be released on bail.
4 . On the other hand, learned counsel for the respondent/EOW has opposed grant of bail to the applicant and has submitted that aforesaid sale deed has been executed in favour of P.C.Singh without getting prior permission from the Collector in violation of provisions of section 165(7)
(b) of the M.P. Land Revenue Code and loss of worth Rs.1,48,69,600/- has been caused to the State Government. Co-accused P.C.Singh and others are still at large and despite various efforts by the investigating agency, they could not be arrested. It is contended that Prem Masih is having criminal background as 07 cases are registered against him in Rajasthan and Mumbai. Learned counsel by placing reliance on Y.S.Jagan Mohan Reddy Vs. Central Bureau of Investigation -(2013) 7 SCC 439 has submitted that in economic offences involving huge loss to public fund needs to be viewed seriously and should be considered as a grave offence affecting the economy of the country and prayed for rejection of the bail application.
5. In this case, it is undisputed that applicant is a 72 years old man and is suffering from Parkinson disease. He has executed the sale deed as power of attorney holder of UCNITA. Investigation is still under way. It is admitted that the lease deed which was executed in favour of UCNITA long back in the year 1919 and which is alleged to have expired in the year Signature Not Verified Signed by: MANOJ KUMAR LALWANI Signing time: 09-12-2023 12:11:34 4 1999, has been further validated by the State Government till 31.3.2029. Therefore, without expressing any opinion on the merit of the case, but having taken into consideration all the facts and circumstances of the case, I am of the view that it is a case in which further pre trial detention of the applicant is not warranted. Consequently, this bail application under Section 439 of the Code of Criminal Procedure for grant of bail filed on behalf of applicant, stands allowed.
6. It is directed that applicant - Prem Masih b e released on bail subject to furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety in the like amount to the satisfaction of the trial Court, for his regular appearance before the trial Court during trial with a condition that he shall remain present before the concerned Court on all the dates fixed by it during trial. He shall abide by all the conditions enumerated under Section 437(3) of Cr.P.C.
7. However, having taken into consideration the criminal background of the applicant, it is directed that he shall mark his presence before the Economic Offences Wing Unit of Jabalpur on every second Saturday of the month of February, April, June, August, October and December, 2024 or till submission of the charge sheet before the trial court whichever is earlier.
8. This order shall be effective till the end of the trial. However, in case of bail jump and breach of any of the conditions of bail, it shall become ineffective.
9. Registry is directed to send a copy of this order to respondent Signature Not Verified Signed by: MANOJ KUMAR LALWANI Signing time: 09-12-2023 12:11:34 5 No.2/ EOW for information.
Certified copy as per rules.
(DINESH KUMAR PALIWAL) JUDGE MKL Signature Not Verified Signed by: MANOJ KUMAR LALWANI Signing time: 09-12-2023 12:11:34