Mohd. Juber vs State Of Madhya Pradesh

This is first bail application filed by applicant Mohd. Juber under Section 438 of CrPC for grant of anticipatory bail.The applicant apprehends his arrest

in connection with Crime No.72/2019, registered at P.S. Shahjahanabad, District Bhopal under Section 409 of IPC.

 A s per the prosecution story, applicant Mohd. Juber, who was the Joint Secretary of Mutwalli Committee, co-accused Mohd Furkan Ahmad, the

Secretary of Mutwalli Committee, Auquaf-e-Amma and co-accused Shaukat Mohammad Khan, Chairman of Mutwalli Committee, Auquaf-e-Amma

committed illegality and irregularity in the affairs of the committee. They misused/misappropriated the property of Mutwalli Committee, Auquaf-e-

Amma and gave the property on lease in contravention of the provisions of Waqf Act and Waqf Property Lease Rules, 2014, on very less amount as

compared to the prevalent Collector guidelines and caused losses to Mutwalli Committee, Auquaf-e-Amma to the tune of Rs.4014840/-. It is further

alleged that applicant and other co-accused had misused their position by issuing NOCs for raising construction in furtherance of the tenancy

agreements executed with 8 tenants relating to valuable Waqf property situated at Hamidiya Road admeasuring about 18172 sq.ft.

 Learned counsel for the applicant submits that applicant has not committed any offence and has falsely been implicated in the offence. Even

otherwise, it is alleged that applicant gave property of Mutwalli Committee, Auquaf-e-Amma on lease on low price which is not correct. Applicant did

not give property of Mutwalli Committee, Auquaf-e-Amma on lease to any new person. Even otherwise only on the basis that applicant gave

committee's land on less rent no offence under Section 409 of IPC is made out against the applicant. There is no evidence on record that applicant

embezzled any property which was entrusted to him. Applicant is ready to cooperate in the investigation and trial. Under these circumstances,

applicant prays for anticipatory bail.

Learned counsel for the State opposed the prayer and submitted that applicant while holding the post of Joint Secretary, Mutwalli Committee, Auquaf-

e-Amma, Bhopal had committed various financial irregularities with the collusion of Chairman Shaukat Mohammad Khan and Secretary Furkan

Ahmed. The applicant and other co-accused against the provisions of the Waqf Rules, 2014 and Waqf Act leased out the property of Mutwalli

Committee, Auquaf-e-Amma, Bhopal to private persons and caused huge loss to Mutwalli Committee, Auquaf-e-Amma, Bhopal. When the State

Government received the regular complaints of financial irregularities committed by the applicant with the collusion of Chairman Shaukat Mohd. Khan

and Joint Secretary Mohd. Jubey, it constituted a team to enquire the matter and the team submitted its report to the State Government. On the basis

of said report, the Administrator of the Waqf Board submitted detailed report before State Government which clearly shows Date: 02/07/2019

15:12:24 in leasing out the CHOURASIA that the applicant committed illegalities and irregularities property of Mutwalli Committee, Auquaf-e-Amma,

Bhopal and caused huge loss to Waqf Board. So, he should not be released on bail.

Looking to the facts and circumstances of the case and the contention of learned counsel of the applicant and the fact that other co-accused Furkan

Ahmad has already been enlarged on anticipatory bail vide order dated 25/3/2019 passed in MCrC no.9271/2019, without commenting on the merits of

the case, the application is allowed. It is directed that in the event of arrest by Police in the aforesaid case, the applicant shall be released on bail on his

furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty thousand only) with a solvent surety in the like amount to the satisfaction of the Arresting

Officer for his regular appearance before the Police during the investigation or before the Court during trial.

This order will remain operative subject to compliance of the following conditions by the applicant :-

The applicant will comply with all the terms and conditions of the bond executed by him;

The applicant will cooperate in the investigation/trial, as the case may be;

The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to

dissuade him/her from disclosing such facts to the Court or to the Police Officer, as the case may be;

The applicant shall not commit an offence similar to the offence of which he is accused;

The applicant will not seek unnecessary adjournments during the trial;

and

The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

A copy of this order be sent to the concerned Station House Officer for compliance.

C.C. as per rules.