Madhya Pradesh High Court
Mohanlal Chouhan vs The State Of Madhya Pradesh on 19 July, 2018
1
THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
Criminal Appeal No.4178/2018
Mohanlal Chouhan
Vs.
State of M.P.
19.07.2018
Shri K. K. Pandey, counsel for the appellant.
Shri D. Mishra, Government Advocate for the respondent
State.
Shri Ishan Mehta, counsel for the objector. Heard on this first criminal appeal for regular bail under section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 filed on behalf of appellant Mohanlal Chouhan in Crime No.137/2017, registered by P.S. Sohagpur, District Hoshangabad, under section 420 of the I.P.C. and Sections 3 (2) (Va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
The appeal is directed against order dated 24.05.2018 passed by the Court of Special Judge, Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, Hoshangabad in Bail Application No.380/2018, whereby the application under Section 439 of the Cr.P.C. for bail filed on behalf of the appellant Mohanlal Chouhan was dismissed.
As per the prosecution case, the victims are member of the Scheduled Tribes. All the victims are ousties of Satpura, Tiger Reserve. They were to be given land in lieu of their land which had fallen within the area of Satpura Tiger Reserve. The appellant contacted in all 13 persons and extracted different amounts from them on the promise that he will get the land allotted to them by the Forest Authorizes; however, the land was not allotted to the victims; thus, he cheated aforesaid 13 persons (list of such persons has been mentioned in the FIR) of total amount of Rs.2,52,200/-.
2THE HIGH COURT OF MADHYA PRADESH AT JABALPUR Criminal Appeal No.4178/2018 Mohanlal Chouhan Vs. State of M.P. Learned counsel for the appellant submits that he is a Social Worker affiliated to a political party and he had lodged complaints against the authorities of Satpura Tiger Reserve for corruption. On his report, proceedings have been initiated against forest officers; therefore, they have instigated the victims to lodge this false report against the appellant. The appellant has been in custody since 13.4.2018 and the charge sheet has been filed. Learned counsel for the appellant further submits that the appellant is prepared to deposit the entire sum of Rs.2,52,200/- which is alleged to have been extracted by him from the villagers before the trial Court under protest, in order to demonstrate his bona fides; therefore, it has been prayed that the appellant be released on bail.
Learned Government Advocate for the respondent/State and learned counsel for the objector have opposed the application mainly on the ground that the appellant has filed forged affidavit of the victims before the Court in order to influence the decision. They further submit that conduct of the appellant is such that he is not entitled to be released on bail inspite of his proposal to deposit the amount which is said to have been extracted from the villagers; therefore, it has been prayed that the application for bail be dismissed.
However, keeping in view the facts and circumstances of the case in their entirety, particularly the facts as pointed out by the learned counsel for the appellant especially the proposal made by the appellant and need to secure the amount of which the victims are said to have been cheated, in the opinion of this Court, the appellant deserves to be released on bail, conditionally.
3THE HIGH COURT OF MADHYA PRADESH AT JABALPUR Criminal Appeal No.4178/2018 Mohanlal Chouhan Vs. State of M.P. Consequently, this appeal under section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 filed on behalf of appellant Mohanlal Chouhan, is conditionally allowed and the impugned order is set aside.
It is directed that the appellant shall be released on conditional bail on depositing a sum of Rs. 2,52,200/- before the trial Court and furnishing a personal bond in the sum of Rs.1,00,000/- with two local solvent sureties in the sum of Rs.50,000/- each to the satisfaction of the trial Court for his appearance before that Court on all dates fixed in the case and for complying with the conditions enumerated under Section 437(3) of the Cr.P.C.
The amount so deposited by the appellant before the trial Court shall be invested in fixed deposit in a nationalized Bank at the discretion of the trial Court in such a manner as to earn the maximum amount of interest.
The entire amount along with the interest accrued, shall be payable to the person found entitled thereto, in the judgment of the trial Court.
C.C. as per rules.
(C.V. Sirpurkar) Judge ahd Digitally signed by MOHD AHMAD Date: 2018.07.19 04:45:34 -07'00'