Madhya Pradesh High Court
Omkarsingh vs The State Of Madhya Pradesh on 23 April, 2021
Author: Subodh Abhyankar
Bench: Subodh Abhyankar
1 MCRC-14702-2021
The High Court Of Madhya Pradesh
MCRC-14702-2021
(OMKARSINGH Vs THE STATE OF MADHYA PRADESH)
Indore, Dated : 23-04-2021
Heard through Video Conferencing.
Shri Ramkrishna Shastri, learned counsel for the applicant.
Shri Sudhanshu Vyas, learned Panel Lawyer for the respondent/State.
Shri Vaibhav Bhagwat, learned counsel for the Respondent [OBJ]. This is the first bail application under Section 439 of Criminal Procedure Code, 1973 for grant of bail during the trial.
T he applicant is facing trial in connection with Crime No.891/2020, registered at Police Station-Mahakal, District-Ujjain (MP) for offence punishable under Section 420, 409, 201/34 of Indian Penal Code, 1860. The applicant is in custody since 10/02/2021.
The allegation against the applicant is that he acted as a broker in the sale transaction of certain set top boxes which took place between main accused Umar Khan and Rajesh Soni, Tarun Sancheti of Calcutta. It is alleged that the aforesaid set-top boxes were obtained by main accused Umar Khan from complainant M/s.ACN Digital Pvt. Ltd by fraudulent means and after obtaining the same he did not pay the consideration amount to the complainant and sold the same through the present applicant to a Calcutta party.
Counsel for the applicant has submitted that the applicant has been falsely implicated in the present crime, as there is no allegation against the applicant that he himself was involved in any manner in obtaining the aforesaid set top boxes from the complainant and he was only acting as a broker/middle man to sell the set top boxes as per the request of the main accused. Counsel submitted that there are no criminal past against the applicant and he has received only Rs.46,000/- towards the brokerage of the aforesaid transaction and the role of the applicant was purely a business deal. It is further submitted that applicant is in custody since 10/02/2021 and no Digitally signed by SUMATHI JAGADEESAN Date: 2021.04.24 11:15:07 +05'30' 2 MCRC-14702-2021 purpose will be served to keep him in jail as final conclusion of the trial is likely to take sufficient long time on account of Covid-19 pandemic. Hence, prays for grant of bail to the applicant.
Shri Vaibhav Bhagwat, learned counsel for the objector opposed the prayer and submitted that the set-top boxes obtained by the main accused from the complainant company amounts to around Rs.1.00crore and there is a defalcation of the aforesaid amount. Thus looking to the seriousness of the offence no case is made out for grant of bail to the applicant.
Learned Panel Lawyer for the non-applicant/State on the other hand, opposed the prayer.
Heard learned counsel for the parties and perused the case diary. From the case diary it is apparent that applicant has been made an accused only on the basis of memo under Section 27 of Indian Evidence Act that to at the instance of the applicant himself and apart from this there is nothing to connect him with the present offence. In the aforesaid memo also it is found that mens rea is also missing. In view of the above and taking note of the period of incarnation and the final conclusion of the trial is likely to take sufficiently long time in the wake of fresh spread of Covid-19, I am inclined to allow the bail application. Accordingly, without commenting on the merits of the case, the application filed by the applicant is allowed. The applicant is directed to be released on bail upon furnishing a personal bond in the sum of Rs.25,000/- (Rupees twenty five thousand only) with one solvent surety of 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 court concerned during trial and shall also abide by the conditions enumerated under Section 437 (3) Criminal Procedure Code, 1973.
I t is also observed that after being released on bail, if the applicant again indulges himself in any criminal activity, the present bail order shall stand cancelled without further reference to the Court and the police shall be entitled to arrest the applicant in the present case also.
Digitally signed by SUMATHI JAGADEESAN Date: 2021.04.24 11:15:25 +05'30'3 MCRC-14702-2021 This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.
Certified copy as per rules.
(SUBODH ABHYANKAR) JUDGE sumathi Digitally signed by SUMATHI JAGADEESAN Date: 2021.04.24 11:15:47 +05'30'