Madhya Pradesh High Court
Moh. Siddique vs The State Of Madhya Pradesh on 27 February, 2025
Author: Prakash Chandra Gupta
Bench: Prakash Chandra Gupta
NEUTRAL CITATION NO. 2025:MPHC-IND:5257
1 MCRC-7921-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE PRAKASH CHANDRA GUPTA
ON THE 27th OF FEBRUARY, 2025
MISC. CRIMINAL CASE No. 7921 of 2025
ABHAY SINGH RATHORE
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Vivek Dalal - advocate for the applicant.
Shri K.K.Tiwari - GA for the State.
WITH
MISC. CRIMINAL CASE No. 4361 of 2025
MOHD JAKIR
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri L.N. Soni- senior advocate with Shri Dipesh Joshi- advocate
for the applicant.
Shri K.K.Tiwari - GA for the State.
MISC. CRIMINAL CASE No. 7928 of 2025
MOH. SIDDIQUE
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Neeraj. K. Soni - advocate for the applicant.
Shri K.K.Tiwari - GA for the State.
Signature Not Verified
Signed by: AJIT
KAMALASANAN
Signing time: 28-02-2025
18:32:39
NEUTRAL CITATION NO. 2025:MPHC-IND:5257
2 MCRC-7921-2025
ORDER
Heard with the aid of case diary.
M.Cr.C. No.4361/2025 is first application and MCRC No.7921/2025
and MCRC No.7928/2025 are repeat second bail applications filed under
section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of bail
to the applicants, in connection with FIR/Crime No.147/2024 Date:-(Not
mentioned) registered at P.S.-M.G. Road, District- Indore (M.P.) for
commission of offence punishable under sections 420, 467, 468, 471, 474,
120-B, 34 and 409 of the IPC.
2. First temporary bail application of the applicant – Mohd. Siddique
was allowed vide order dated 11.11.2024 in M.Cr.C No.47741/2024 and first
bail application of the applicant – Abhay Singh Rathore was dismissed on
merits vide order dated 24.08.2024 in M.Cr.C. No.29779/2024.
3. Prosecution story, in brief is that at the relevant time the present
applicant Abhay Singh Rathore was posted as Executive Engineer, drainage
department of Indore Municipal Corporation (hereinafter referred to as
IMC). The co-accused persons Samar Singh Parmar and Anil Kumar Garg
were posted as Deputy Director and co-accused Rameshwar Parmar was
Assistant Auditor in Audit Department of IMC. Co-accused Imran Khan is
proprietor of Crystal Enterprises, co-accused Mousam Vyas is proprietor of
Ishwar Enterprises. Co-accused Rahul Badera and present applicant
Mohammad Zakir are proprietor of Jhanvi Enterprises and King Enterprises
and are also contractor. Co-accused persons Uday Singh @ Ankush
Bhadoriya, Chetan Bhadoriya, Raj Kumar and Murli Dharan were also
Signature Not Verified
Signed by: AJIT
KAMALASANAN
Signing time: 28-02-2025
18:32:39
NEUTRAL CITATION NO. 2025:MPHC-IND:5257
3 MCRC-7921-2025
posted in Accounts Department of IMC. During 11.12.2020 – 03.05.2024,
the present applicants Abhay Singh Rathore, Mohammad Jakir and
Mohammad Siddique, and co-accused persons conspired to gain wrongfully
by carrying out embezzlement of the funds of IMC and they forged the work
order, measurement books, work completion certificate, bills etc. and on the
basis of forged documents, they had withdrawn a sum of Rs.7.5 Crores from
the funds of IMC. As alleged co-accused persons Samar Singh Parmar, Anil
Kumar Garg and Rameshwar Parmar have audited fake bills and they have
approved the aforesaid bills for payment. Bills were passed for payment after
the date mentioned in the note-sheet by the accused firms. But no objection
was raised by the co-accused persons/ officers posted in the audit department
of IMC. Thereby the accused persons forged documents and embezzled a
huge amount of IMC.
4. Learned counsel for the applicants/ accused persons submitted that,
the applicants have not committed the offence and have falsely been
implicated in the case. It is further submitted that the applicants are
implicated merely on the basis of memorandum statement recorded u/s 27 of
the Indian Evidence Act at the instance of co-accused persons as there is
nothing on record to suggest that the applicants received any amount from
the other co-accused persons.
5. It is further submitted by the learned counsel for applicants
Mohammad Zakir and Mohammad Sddiqui that the applicants are
contractors and no incriminating material is recovered from the possession of
the applicants. No material evidence is available in the case to show that they
Signature Not Verified
Signed by: AJIT
KAMALASANAN
Signing time: 28-02-2025
18:32:39
NEUTRAL CITATION NO. 2025:MPHC-IND:5257
4 MCRC-7921-2025
have received money from the co-accused persons. It is also submitted that
after dismissal of the first bail application of the applicant Abhay Singh
Rathore, co-accused Samar Singh Parmar has been granted regular bail by
the Apex Court vide order dated 11.11.2024 in SLP(Crl) no. 13737/ 2024.
The case of present applicants is identical with the co-accused Samar Singh
who is granted bail therefore, in changed circumstances, Applicant Abhay
Singh Rathore is entitled for bail. As well as other applicants Mohammad
Jakir and Mohammad Siddique are also entitled for bail. It is also submitted
that the applicants-Abhay Singh Rathore, Mohd. Jakir and Mohd. Siddique
are in custody from 10.05.2024, 03.05.2024 and 14.05.2024 respectively.
After completion of investigation, chargesheet has been filed. Conclusion of
trial will take considerable long time, therefore, it is prayed that the
applicants be released on bail.
6. On other hand learned counsel for the non-applicant/ State has
opposed the prayer and submitted that the applicants happen to be main
accused because without their help, the other co-accused persons would not
have been able to commit the offence. Some of the documents have been
recovered from the accused Abhay Singh Rathore. Therefore, the applicants
are not entitled for bail.
7. Having considered the rival contentions of the learned counsels for
the parties, also looking to the aforesaid facts that co-accused Samar Singh is
granted bail by the Apex Court. The possibility of delay in trial cannot be
ruled out. This court is of considered view that this is a fit case to grant bail
to the applicants. Hence, without expressing any opinion on merit of the
Signature Not Verified
Signed by: AJIT
KAMALASANAN
Signing time: 28-02-2025
18:32:39
NEUTRAL CITATION NO. 2025:MPHC-IND:5257
5 MCRC-7921-2025
case, these applications are allowed.
8. It is directed that the applicants- ABHAY SINGH RATHORE,
MOHD. JAKIR & MOHD. SIDDIQUE- be released on bail upon their
furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand
only) each with separate sureties in the like amount to the satisfaction of the
concerned trial Court for their appearance before the trial Court on all such
dates as may be fixed in this behalf by the trial Court during pendency of the
trial. It is further directed that applicants shall comply with the provisions of
section 480 (3) of Bharatiya Nagarik Suraksha Sanhita, 2023.
9. M.Cr.C. stands disposed of, accordingly.
C.c. as per rules.
(PRAKASH CHANDRA GUPTA)
JUDGE
ajit
Signature Not Verified
Signed by: AJIT
KAMALASANAN
Signing time: 28-02-2025
18:32:39
[ad_1]
Source link