Madhya Pradesh High Court
Sanjay Khatri vs The State Of Madhya Pradesh on 31 October, 2022
Author: Vishal Dhagat
Bench: Vishal Dhagat
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VISHAL DHAGAT
ON THE 31st OF OCTOBER, 2022
MISC. CRIMINAL CASE No. 49277 of 2022
BETWEEN:-
SANJAY KHATRI S/O SHRI MURLI KHATRI,
AGED ABOUT 35 YEARS, H. NO. 634 NAPIER
TOWN NEAR KHATWANI SALES DISTRICT
JABALPUR (MADHYA PRADESH).
.....APPLICANT
(SHRI MADHUR SHUKLA, ADVOCATE FOR APPLICANT)
AND
THE STATE OF MADHYA PRADESH THROUGH
STATION HOUSE OFFICER POLICE STATION
MADAN MAHAL DISTRICT JABALPUR
(MADHYA PRADESH).
.....RESPONDENT
(SHRI SHUYASH THAKUR, GOVERNMENT ADVOCATE FOR
STATE AND SHRI NIKHIL TIWARI, ADVOCATE FOR OBJECTOR)
This application coming on for admission this day, the court passed the
following:
ORDER
This is first bail application filed under Section 439 Cr.P.C. on behalf of applicant, who is in jail since 20.09.2022, in connection with Crime No.338/2022, registered at Police Station Madan Mahal, District Jabalpur (M.P.), for the offences punishable under Sections 420, 467, 468, 109, 112, 114 and 120-B of IPC.
Learned counsel appearing for the applicant submitted that complainant in this case is one Maninder Singh Kandhari. As per his complaint, he had lost cheques on 23.03.2020 near Home Science College. Complainant also made a Signature Not Verified Signed by: VINOD KUMAR TIWARI Signing time: 11/3/2022 11:33:39 AM 2 complaint to State Bank of India, Civil Lines Branch, Jabalpur and issued directions to stop payment. Later on, he learnt that a complaint has been filed regarding dishonour of cheque against him on 19.04.2021. Cheque lost by him was presented in bank by one Harish @ Vikky Manani on 19.06.2020. It is submitted that two more cheques dated 19.04.2021 have been presented by one Ankit Pamnani and Kalpana Dubey. It is submitted that Harish @ Vikky Manani has criminal history. He alongwith Sanjay Khatri (applicant), Dilip Khatri, Vivek Khatri, Himanshi Khatri, Lisha Kothari, Ankit Pamnani and Murlidhar Khatri had committed various crimes. On basis of said complaint, FIR had been registered against applicant/accused. It is submitted that applicant has no role in the case.
Applicant is falsely being implicated in the case. Earlier, attempt was made to lodge FIR against applicant before Superintendent of Police. Later, complaint was filed under Section 156(3) of Cr.P.C. but, same was also rejected by Magistrate. It is submitted that there is financial transactions between the parties, over which cases are being filed by parties against each other. It is submitted that no offence under Sections 420, 467, 468, 109, 112, 114 and 120-B of IPC is made out against the applicant. Considering the nature of transactions between the parties and role of applicant, he may be released on bail.
Learned Government Advocate appearing for the State and learned counsel appearing for the objector opposed the application for grant of bail. It is submitted by him that applicant and other co-accused persons namely Vikky @ Harish Manani, Vivek Khatri, Dilip Khatri, Ankit Pamnani, Himanshi Khatri, Lisha Kothari Khatri, Nikita Asrani Pamnani, Deepak Upraliya, Nitin Pandey and Murlidhar are managing gambling racket of kingpin Satish Sanpal, who operates from Dubai. Applicant and its accomplices enticed and induced objector's son for playing online gambling in matches and lured him with Signature Not Verified Signed by: VINOD KUMAR TIWARI Signing time: 11/3/2022 11:33:39 AM 3 sureties and swindled huge amount from objector's son by coercion. Applicant and their gang members forcefully entered objector's house and restaurant with weapons and took house mates as hostages. They are also forcing objector and his family to commit suicide. A false and fabricated FIR was registered at Crime No.300/2021 at Police Station Omti against objector for offence under Section 420 of IPC. Applicant enjoys political and financial influence at police station. Objector's son has also made complaint against kingpin and accomplices disclosing series of cognizable offences but, no enquiry has been conducted by police. Objector continuously requested police authorities to take action against accused persons but, no action has been taken. In such circumstances, prayer is made for dismissal of bail application.
Heard the counsel for the parties.
F IR is lodged by police that cheques lost by complainant has been misused by some persons. Applicant has no role in using cheque and he has been roped in with aid of criminal conspiracy in the offence. Reference has been given in FIR that against applicant offence at Crime No. 247/2022 under Sections 109, 112, 120-B of IPC and Section 4A of Public Gambling (Madhya Pradesh) Act, Crime No. 260/2022 under Sections 386, 389, 120-B of IPC, Crime No. 337/2022 under Sections 195A, 294, 506 and 34 of IPC and Crime No. 340/2022 under Section 120-B and Section 34(2) of M.P. Excise Act are registered.
On going through facts of the case, applicant does not have any role in Crime No.338/2022. Applicant is having criminal record and number of offences are registered against him. Nature of offence in this case appears to be of civil nature. Though, other cases are pending against the applicant but Signature Not Verified Signed by: VINOD KUMAR TIWARI Signing time: 11/3/2022 11:33:39 AM 4 considering the totality of facts and circumstances of the case, application filed by applicant is allowed on condition that he will mark his presence before Police Station Madan Mahal on first of every month till completion of trial.
It is directed that applicant shall be released on bail on his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the trial court.
The applicant shall abide by the conditions enumerated under Section 437(3) of Cr.P.C.
C.C as per rules (VISHAL DHAGAT) JUDGE vkt Signature Not Verified Signed by: VINOD KUMAR TIWARI Signing time: 11/3/2022 11:33:39 AM