Madhya Pradesh High Court
Chirag Shah vs The State Of Madhya Pradesh on 6 January, 2017
-: 1 :-
Misc. Criminal Case No.12677 of 2016
Misc. Criminal Case No.12102 of 2016
&
Misc. Criminal Case No.73 of 2017.
06.01.2017 :-
Shri A.S.Garg, learned Senior Counsel with Shri
Anshuman Shrivastava, learned Counsel for the applicant -
Chirag Shah.
Shri Anshuman Shrivastava, learned counsel for the
applicant - Nikul Kapasi.
Shri Sunil Gupta, learned counsel for the applicant -
Shabbir.
Shri Rahul Vijayvargiya, learned Panel Lawyer for the
non-applicant/State.
Heard with the aid of the case-diary.
ORDER
THIS order shall also govern the disposal of Misc. Criminal Case Nos.12677 and 12102 of 2016 and Misc. Criminal Case No.73 of 2017.
Misc. Criminal Case Nos.12677 and 12102 of 2016 are first bail applications; whereas Misc. Criminal Case No.73 of 2017 is a repeat (second) bail application -: 2 :- under Section 439 of the Cr.P.C for grant of bail in connection with Crime No.13/2016 registered at Police Station Crime Branch, Indore, District Indore for the offence punishable under Sections 420, 467, 468, 471 and 120-B of the IPC.
Complainant Usha Jain submitted a written complaint to DIG, Indore that Directors of Phoenix Devcon Private Limited had sold a plot No.1868 by registered sale deed after receiving entire sale consideration. However, they have not handed over the possession of the plot after her repeated demand. Subsequently it was disclosed that the Directors of the company got a false Certificate of development of land from the Town and Country Planning Department and in the sale deed it is falsely mentioned that a developed plot has been sold to the complainant. Thus, the Directors of the said company have cheated the complainant on the basis of forged documents. On this basis aforesaid offence has been registered and investigation was conducted.
It was found that the Directors of the company have got sanctioned map for 100 acres of land, however, they -: 3 :- have purchased only 50 acres of land. On the basis of forged sanctioned map and without development of the land the Directors have sold the plots to 2,440 persons, however, as per sanctioned map there are only 2,303 plots, thus, it is apparent that the Directors have sold one plot to more than one person by registered sale deed. Thus, cheated many persons and collected huge amount. It is also disclosed that as per rules they have mortgaged 25% plots to the SDO as a security that they would develop the land in time, however, without development they got released mortgaged plots, for this purpose they have submitted letters contained forged signatures of agriculturists. Hence, the Directors have hatched conspiracy and committed the offence of cheating and forgery.
Learned Senior Counsel for the applicant - Chirag Shah submits that the applicant was Director of the Company for a short period i.e. from 30.09.2008 to 12.09.2012. Thereafter he has resigned from the Directorship and he was not connected in any manner with the affairs of the Company. As per the prosecution case, some land has -: 4 :- been purchased from the agriculturists through the applicant. Except this, there is no evidence against the applicant. The applicant has not received any money from any plot holder and cheated any body. Complainant Usha Jain filed a petition before this Court for withdrawal of the FIR. The Company had already given a plot to her and possession has also been delivered. The applicant is detained since 26.06.2016; whereas the trial will take time to conclude. In view of the judgment of Hon'ble apex Court in the case of Sanjay Chandra v/s Central Bureau of Investigation, reported in (2012) 1 SCC 40, there is no purpose to detain the applicant in jail. In such circumstances, he be released on bail.
Learned counsel for the applicant - Nikul Kapasi submits that the applicant was Director of Phoenix Devcon Pvt. Ltd. for a short period i.e. from 02.02.2013 to 06.04.2013. During that period he has not committed any forgery, cheating or hatched any conspiracy with other co- accused persons. He has been implicated in this case only on the ground that he was Director for some time in the -: 5 :- Company. He is detained since 26.06.2016; whereas the trial will take time to conclude. In such circumstances, he be released on bail.
Learned counsel for the applicant - Shabbir submits that the earlier application has been dismissed vide order dated 03.11.2016. However, it is not considered that the applicant was never served in Phoenix Devcon Pvt. Ltd. He was an employee of Mayuri Herbal Care Pvt. Ltd. [Heena Mehandi Company]. He is not connected with the affairs of Phoenix Devcon Pvt. Ltd. There is no evidence against the applicant to connect him with the crime. He is detained since 29.07.2016; whereas the trial will take time to conclude. In such circumstances, he be released on bail.
On the other hand, learned Panel Lawyer vehemently opposes the prayer and submits that admittedly applicant Chirag Shah was the Director of Phoenix Devcon Pvt. Ltd. since 30.09.2008 to 12.09.2012 and applicant Nikul Kapasi was the Director since 20.02.2012 to 06.04.2013. They have played active role in committing forgery and cheating. The applicants along with the other co-accused -: 6 :- hatched a conspiracy and on the basis of forged documents, they have cheated many persons and collected huge money. It is further submitted that so far as the application of applicant Shabbir is concerned, at the disclosure statement of the applicant, forged sale-deeds have been recovered. He also referred the statement of witness Manish Kediya recorded under Section 164 of Cr.P.C. Hence, it cannot be said that the applicant is not involved with the crime. His first application has been dismissed on 03.11.2016 and thereafter there is no change in the circumstances. It is further submitted that if the applicants be released on bail, they will tamper the evidence and may be absconded. He, therefore, prays for dismissal of the applications.
After hearing learned counsel for the parties, I have gone through the final report.
Phoenix Devcon Pvt. Ltd. was incorporated in the year 2007 for development of residential colony. Applicant Chirag Shah, Pawan Ajmera, Ritesh, Nilesh, Yogita, Sonali and some others are the Directors of the Company. Admittedly applicant Chirag Shah was the Director of the -: 7 :- Company since 30.09.2008 to 12.09.2012 and applicant Nikul Kapasai was the Director of the Company from 20.02.2013 to 06.04.2013. The Directors of the Company have allured the public at large that they will sold them developed plot in a very reasonable price and on this pretext, on the basis of forged sale-deeds and maps they have collected the huge amount. However, they know from the very inception that they cannot give the developed plots to them.
It is apparent from the final report that the Directors of the Company have cheated 2440 persons and collected huge amount.
In such circumstances, I am of the view that it is not in the interest of society to release the applicants on bail. Thus, the bail applications are hereby dismissed.
[ JARAT KUMAR JAIN ] JUDGE (AKS)