Mohammad Khalik vs State Of M.P. on 16 July, 2020

[Cites 8, Cited by 2]

Madhya Pradesh High Court

Mohammad Khalik vs State Of M.P. on 16 July, 2020

This is first bail application under Section 438 Cr.P.C.for grant of anticipatory bail. The applicant apprehends his arrest in connection with Crime No.125/2020 registered at P.S., Y.D.Nagar, District Mandsaur under Section 420, 467, 468, 471, 120(B), 34 of IPC.

As per prosecution story, the main accused Ehsaan initially entered an agreement with one Subhash Gupta on 6.3.2013 in respect of land survey No.1216/1 admeasuring 0.07 Hectares and 1217/1 admeasuring 0.18 Hectares in village Multanpura, District Mandsaur. However, since the sale deed was not executed within a period of limitation Subhash Gupta has filed civil suit for specific performance on 2.2.2017. Thereafter, Ehsaan executed a sale deed without disclosing about the agreement dated 6.3.2013 and pendency of civil suit. Thereafter, he also prepared Gift Deed in favour of his wife Raeesa Bi. The present applicant was shown as witness to the Gift Deed. Accordingly, case has been registered.

Learned counsel for the applicant submits that he had no knowledge about the alleged agreement, suit for specific performance and the sale deed referred above. Since the main accused Ehsaan was known to him and required him to sign the documents, he has appended his signatures as witness in Gift Deed. The applicant has no criminal antecedents. The applicant has fallen in the trap laid by Ehsaan and without knowledge. If the applicant is arrested, then he shall suffer social indignation and mental trauma, therefore, prays for protection against arrest.

Per contra, Shri Maheshwari, learned Panel Lawyer opposes the bail application supporting the order impugned submits that applicant was hands in glove with the main accused Ehsaan and colluded in the matter of rights, interest and claim of complainant Subhash Gupta, 2 M.Cr.C.No.20417/2020 (Mohd.Khalik Vs. State of M.P.) though jeopardized his rights. Hence, no case is made out for grant of anticipatory bail.

At this stage, on instructions learned counsel for the applicant submits that the applicant has done introspection in the wake of social and economic crisis due to Covid-19 Pandemic in the country and volunteers to deposit a sum of Rs.15,000/- (Rs.Fifteen Thousand only) in the office of in the office of Jila Bal Sarankshan Samiti, Mandsaur (Bank of India Account No.912910210000074 IFSC Code BKID0009129) for the purpose of providing basic amenities, clothing, food/food items and other essential amenities required for old age people living in old age homes or orphans living in orphanage in the city of Mandsaur in dire need of such amenities/facilities and such old age homes and also to such persons who have lost their means of livelihood during the pandemic Covid-19. However, the aforesaid deposit of amount may not influence the pending trial but is only, for enlargement of applicant on bail.

Upon hearing learned counsel for the parties and perusal of the material placed on record, but without commenting upon contentions so raised by the parties regard being had to the fact that the applicant had been shown to be witness to the Gift Deed executed by main accused Ehsaan in favour of his wife, prima facie there is no material to demonstrate proximity of the applicant with the main accused and complacency in the alleged act of execution of Gift Deed, this Court is of the view that it is a fit case for protection against arrest of the applicant.

Accordingly, the instant application is allowed and it is directed that in the event of arrest, present applicant be released on bail on his furnishing personal bond in the sum of Rs.2,00,000/- (Rs.Two Lakhs only) with one solvent surety of the same amount to the satisfaction of the Arresting Authority (Investigation Officer) with following further conditions :-

(i) the applicant shall deposit an amount f Rs.15,000/-

(Rs.Fifteen Thousand only) in the office of in the office 3 M.Cr.C.No.20417/2020 (Mohd.Khalik Vs. State of M.P.) of Jila Bal Sarankshan Samiti, Mandsaur (Bank of India Account No.912910210000074 IFSC Code BKID0009129) for the purpose of providing basic amenities, clothing, food/food items and other essential amenities required for old age people living in old age homes or orphans living in orphanage in the city of Mandsaur in dire need of such amenities/facilities and such old age homes and also to such persons who have lost their means of livelihood during the pandemic Covid-

19.

(ii) the said authority is at its discretion to utilize the amount so deposited as and where it is required upon verification. The Collector, Mandsaur is also directed to maintain a separate account (for production of the record as and when directed for).

(iii) the applicant shall submit an attested photocopy of the receipt before the Principal Registrar of this Bench, for placing the same on record of this case. The Principal Registrar shall produce the same as and when required by this Court in the form of PUD.

(iv) the applicant shall furnish a written undertaking with his complete residential details that he will abide by the terms and conditions of various circulars and orders issued by the Government of India and the State Government as well as the local administration from time- to-time in the matter of maintaining social distancing, physical distancing, hygiene, etc., to avoid proliferation of Novel Corona virus (COVID-19);

(v) the applicant shall install Aarogya App (if not already installed) in his mobile phone;

(vi) the applicant shall make himself available for interrogation by a Police Officer as and when required;

(vii) the applicant shall not tamper with the evidence in any whatsoever manner or induce or threat any person acquainted with the facts of the case;

(viii) the applicant shall not leave India or the area without previous permission of the trial Court/Investing Officer, as the case may be;

(ix) the applicant shall further abide by the other conditions enumerated in sub-Section (2) of Section 438 of Cr.P.C.;

4 M.Cr.C.No.20417/2020

(Mohd.Khalik Vs. State of M.P.)

(x) violation of conditions, State is free to apply for cancellation of bail.

(xi) However, the aforesaid deposit of amount may not influence the pending trial but is only, for enlargement of applicant on bail.

Learned Panel Lawyer is directed to send an e-copy of this order to all the concerned including the concerned Station House Officer of the Police Station for information and necessary action.

Registry is directed to send an e-copy of this order to the Court concerned for necessary compliance.

It is made clear that this e-copy order be treated as Certified copy in terms of the advisories issued by the High Court from time-to- time.

Certified copy as per rules.

(Rohit Arya) Judge Patil Digitally signed by Shailesh Patil Date: 2020.07.16 19:44:13 +05'30'

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Madhya Pradesh High Court