Javed Khan vs State Of Madhya Pradesh

The applicant has filed this third application under Section 439 of Cr.P.C for grant of bail, who has been arrested and is in custody since 30.11.2019 in

connection with Crime No.125/2019 registered at Police Station, Tendua, District Shivpuri, for the offence punishable under Sections 406, 409, 120-B

of IPC. Earlier applications have been dismissed as withdrawn.

It is the submission of learned counsel for the applicant that false case has been registered against him and he is suffering confinement since 30th

November, 2019. Initially offence was registered under Sections 406, 120-B, 409, 468 and 471 of IPC but now the Sessions Court has taken into

consideration the allegations and has remitted the matter back to the Magistrate Court because according to Sessions Court charges can only be made

in respect of Sections 406, 409 and 120-B of IPC. Therefore, the applicant be released on bail. Police has not arrayed driver Sonu Jatav as accused

and instead of that, applicant has been falsely implicated. He has no role to play. He prayed for grant of bail.

Learned Public Prosecutor for the State on the basis of the case diary vehemently opposed the prayer and submitted that builty/receipt indicates that

applicant being owner of the truck had to deliver the onions worth Rs. twenty lacs at Gorakhpur starting from Nasik and on the basis of said builties or

receipts, it can be inferred that he received advance amount for that purpose, but said consignment never reached to destination and midway whole lot

of onions was siphoned off. He referred the contents of the FIR and statements of the witnesses to show that statements are implicative in nature.

Applicant has committed criminal breach of trust in commercial practice, and therefore, looking to the growing tendency of such allegations, bail be

dismissed.

Heard learned counsel for the parties and perused the case diary.

In the case in hand, applicant is facing trial for offences under Sections 406, 409 and 120-B of IPC. He is owner of the truck which loaded with onions

disappeared midway and never reached to destination. Although police ought to have investigated the role of driver, but his statement indicates that he

alighted midway at Gwalior because he had to attend a date in the Court proceeding and handed over the truck to the applicant as owner.

Even otherwise the builty receipt and other documents indicate that applicant was to deliver the consignment at destination and through change in

truck number he tried to conceal the consignment and sold it in market. Witnesses, who purchased the onions, stated against the applicant and

recovery Panchnamas indicate that some bags of onions have been recovered from his possession. His duty as owner of truck was very high in which

he failed. Therefore, application sans merit and is hereby dismissed. However, applicant is at liberty to reiterate the plea of bail at advance stage of

trial.