Prakash Chand Nishada vs State Of Madhya Pradesh

Rajeev Kumar Dubey, J

None for the other respondents/complainants despite compliance of provision of Section 15(A)(III) of SC/ST (Prevention of Atrocities) Act by the

respondent No.1.

Case diary perused and arguments heard.

This first criminal appeal has been filed under Section 14-A of SC/ST (Prevention of Atrocities) Act 1989 against the order dated 23/10/2020 passed

by Special Judge, SC/ST (Prevention of Atrocities) Act, Mandla in bail application no.SCATR 51/2020; whereby learned Special Judge rejected the

bail application filed by appellant Prakash Chand Nishada under Section 439 of Cr.P.C. to get bail in Crime No.162/2020 registered at P.S.

Maharajpur, Distt. Mandla (M.P.) for the offence punishable under Sections 420, 409 and 120-B of the IPC and Section 6 (1) of the M.P.

Nikshepakon Ke Hiton Ka Sanrakshan Adhiniyam, 2000.

As per prosecution case, the appellant and co-accused persons, who were the Managing Director, Directors, Regional Manager, agents of Nirmal

Chhaya Real Estate & Allied Ltd. through their employee/agent collected a sum of Rs.5,74,480/- from innocent persons assuring them to triple their

money within six years. However, they did not pay the money even after the maturity periods. On the other hand, they closed down the company

Office. Thus, they cheated innocent people. The specific allegation against the appellant is that he was the Director of the said company and he

induced the innocent investors to deposit the money in the company. On that, Police registered Crime No.162/2020 at P.S. Maharajpur, Distt. Mandla

(M.P.) for the offence punishable under Sections 420, 409 and 120-b of the IPC and Section 6 (1) of the M.P. Nikshepakon Ke Hiton Ka Sanrakshan

Adhiniyam, 2000 and investigated the matter. During investigation, on 13/10/2020 police arrested the appellant. On that, appellant filed an application

under Section 439 of Cr.P.C. for releasing him on bail, which was rejected by the learned Special Judge, SC/ST (Prevention of Atrocities) Act vide

order dated 23/10/2020. Being aggrieved by the impugned order, appellant filed this Criminal Appeal.

Learned counsel for the appellant submitted that the appellant is innocent and has falsely been implicated in the offence. He further submitted that

appellant is ready to deposit a sum of Rs.2 lac from the alleged amount under protest. The appellant has been in custody since 13/10/2020 and

conclusion of the trial will take time. Hence prayed for the release of the appellant on bail.

Learned counsel for the State opposed the prayer and submitted that the appellant and all the other co-accused persons played fraud upon innocent

investors and deprived them of their hard-earned money. Appellant and other co-accused allured to provide good returns on the deposits took

Rs.5,74,480/- from innocent people. Sufficient evidence is available on record to connect the appellant with the offence in question, so he should not be

released on bail.

Looking to the facts and circumstances of the case and the contention of the learned counsel for the appellant and the fact that the appellant is ready

to deposit a sum of Rs.2,00,000/- under protest from the alleged amount, he is in custody since 13/10/2020 and conclusion of trial will take time,

without commenting anything on the merits of the case, the appeal is allowed and appellant is directed to be released on bail subject to depositing a

sum of Rs.2,00,000/- in fix deposit in any nationalized bank and on depositing receipt of that F.D.before the concerning Court and on furnishing

personal bond in the sum of Rs.50,000/-(Rs. Fifty Thousand Only) with one surety in the like amount to the satisfaction of the concerned C.J.M/trial

Court for his appearance before the trial Court on all such dates as may be fixed in this behalf by the trial Court during the pendency of trial.

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

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

The appellant will cooperate in the trial;

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

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

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

The appellant will not seek unnecessary adjournments during the trial; and

The appellant will not leave India without prior permission of the trial Court.

The amount so deposited by the appellant in fix deposit, shall be subject to final outcome of the case.

C.C. as per rules.