Madhya Pradesh High Court
Smt. Pinky vs The State Of Madhya Pradesh on 8 September, 2020
Author: Rohit Arya
Bench: Rohit Arya
1 MCRC-27759-2020
The High Court Of Madhya Pradesh
MCRC-27759-2020
(SMT. PINKY Vs THE STATE OF MADHYA PRADESH)
Indore, Dated : 08-09-2020
Shri Lucky Jain, learned counsel for the applicant.
Shri Pourush Ranka, learned Panel Lawyer for the respondent/State.
Shri Prateek Maheshwari, learned counsel for the complainant. I/O Shri Mahadev Singh Bhadoriya, ASI, P.S. Chhoti Gwaltoli, Indore is present before this Court.
Heard through video conferencing.
This is first bail application under Section 438 Cr.P.C.for grant of anticipatory bail. The applicant, a lady aged about 28 years with a small child aged about one year apprehends arrest in connection with Crime No.108/2020 registered at P.S., Choti Gwaltoli District Indore under Section 420, 408, 120- B of IPC.
A s per prosecution story, the main accused Manish Gupta, an Accountant in a Company known as Zivaya Wellness Company had manipulated the books of account and thereafter fraudulently transferred huge amount of money to different persons causing substantial financial loss to the company. This act of the accused Manish Gupta has been alleged to be fraudulent. It is further alleged that co-accused Dharmendra Verma is one of such tranferee's/beneficiary and the present applicant happens to be the wife of Dharmendra Verma. Accordingly, FIR was lodged.
Shri Lucky Jain, learned counsel for the applicant submits that the case of the applicant is altogether different and distinguishable from that of main accused Manish Gupta and other co-accused persons including Dharmendra Verma, beneficiary directly benefited by the alleged illegal transfer of funds from company's account to their accounts. Applicant is a house-wife and at the time, the alleged transfer so made i.e. on 12.12.2019 and 18.01.2020 amounting to Rs. 52,000/- in her accounts from the account of Dharmendra Verma from his Kotak Mahindra Bank account was a routine transfer and she 2 MCRC-27759-2020 had no knowledge about such clandestine transfer by main accused Manish Gupta in the account of her husband Dharmendra Verma. The alleged fraudulent act of either Manish Gupta or that of Dharmendra Verma may not be attributed to her for want of knowledge and acquaintance. Apart from such transfer, there has been routine transfer of funds from Dhramendra Verma to the applicant's account for meeting day-to-day expenses. It has been beyond her comprehension about the funds of Dharmendra Verma as alleged to be funds of Zivaya Wellness Company under reference. The applicant is innocent. and has small baby in hand. She has no criminal antecedents and therefore, the applicant may be protected against arrest on such terms and conditions this Court deems fit and proper.
Per contra, Shri Ranka, learned Panel Lawyer opposes the bail application and supported the order impugned referring to voluminous documents in the case diary related to transactions in question. He submits that Dharmendra Verma is one of the biggest beneficiary of such clandestine transfer effected by Manish Gupta misusing his position as Accountant causing substantial loss to the company. The transfer of funds in the applicant's account from that of Dharmendra Verma's account in fact made the applicant complacent in the crime. Prima-facie, it is not a case of no evidence. Therefore, applicant is not entitle for protection against arrest.
Shri Prateek Maheshwari, learned counsel for the complainant vehemently opposes the application with the submission that it is a case of betrayal and cheating on the part of Manish Gupta who has played fraud with the company in the matter of maintenance of books of accounts and transactions through company's account. It is a case of fraud, misrepresentation and mistrust. That apart, learned counsel has made serious efforts while pointing out transaction in the account of applicant, particularly that of 12.12.2019 and 18.01.20 juxtapositioning the same with the account of Dharmendra Verma at Pg 49 of the bail application to contend that it was only on 12.12.2019 that Rs. 2,16,000/- was transferred from the account of 3 MCRC-27759-2020 Zivaya Wellness to Dharmendra Verma's account out of which Rs. 1,70,000/- was transferred to Manish Gupta and the remaining amount was transferred to the account of present applicant in two installments of Rs. 20,000/- each . Hence, there is a direct proximity of transfer of amount from the account of Zivaya Wellness to the account of Dharmendra Verma who has transferred the amount to the account of present applicant. Hence she is also a beneficiary. In any case, since the main accused Manish Gupta is still absconding, no case at all is made out to protect the applicant against arrest.
At this stage, Shri Lucky Jain on instructions has made a statement at the bar that if for any reason the alleged transfer in her account from the account of Dharmendra Verma is said to be clandestine in nature, she is ready to make good, the loss allegedly caused to the company at this stage only, although subject to the outcome of the trial with no prejudice to her right of defense during trial.
Upon hearing learned counsel for the parties but without commenting upon contentions so raised by the parties, regard being had to the fact that applicant is a lady with small baby in hand with no criminal antecedents and further that applicant is ready to make good the loss, applicant is protected against arrest.
Accordingly, the instant application is allowed and it is directed that in the event of arrest, applicant be released on bail on furnishing personal bond in the sum of Rs.2,50,000/- (Rs. Two lakhs fifty thousand 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 Rs. 1,00,000/-(rupees one lakh only) in the account of Zivaya Wellness Company HDFC Bank Account No.50200028564744 [IFSC Code HDFC0000404], Vijay Nagar Branch in the following manner;
(a) Rs. 50,000/- shall be desposited in the above mentioned account of Zivaya Wellness Company and a receipt thereof be
4 MCRC-27759-2020 submitted before the Arresting Authority at the time of furnishing bail bond and remaining amount of Rs. 50,000/- shall be deposited within four weeks expiring on or before 08.10.2020.
(b) failure of compliance of this condition shall automatically lead to cancellation of anticipatory bail of the applicant without further reference to the Court.
(c) the investigating officer shall take prompt action to arrest the applicant upon default of failure of compliance of the aforesaid condition of deposit of Rs. 1,00,000/-
(ii) the applicant 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 timeto- time in the matter of maintaining social distancing, physical distancing, hygiene, etc., to avoid proliferation of Novel Corona virus (COVID-19);
(iii) the applicant shall further abide by the other conditions enumerated in sub-Section (2) of Section 438 of Cr.P.C.;
(iv) violation of any of the conditions, State is free to apply for cancellation of bail.
At this stage, Shri Maheshwari submits that as the main accused is absconding since 22.07.2020, a direction may be issued to the Investigating Officer for effective search and arrest of the main accused, so that company's goodwill and reputation in public is restored.
Prayer appears to be reasonable.
T he Investigating Officer present in the Court is directed to ensure arrest of Manish Gupta, main accused by galvanizing all possible resources in a prompt manner.
Compliance of this Court shall be submitted before the Principal Registrar in the form of memo.
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 5 MCRC-27759-2020 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.
(ROHIT ARYA) JUDGE sh SEHA R Digitally signed by SEHAR HASEEN DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH INDORE, ou=HIGH COURT OF MADHYA PRADESH BENCH INDORE, postalCode=452001, st=Madhya Pradesh, 2.5.4.20=900ec6fc757798eaeb3df7a32860 HASE bd3298415a4d1c2d91436213f2568c8f27d a, serialNumber=e7dbba955b262c04b84132 51ce7fb6f0b7dba610c57f1559c08bf6c6f5 dd40d4, cn=SEHAR HASEEN Date: 2020.09.09 10:44:55 +05'30' EN