Shahjahan vs State Of Madhya Pradesh

This is first application filed under Section 438 of Cr. P.C. for grant of anticipatory bail. Applicant is apprehending her arrest in connection with Crime

No.617/2019 registered at Police Station Azad Nagar District Indore for the offence punishable under Sections 420, 468, 471 and 120-B of IPC.

This Court vide order dated 07.02.2020 had sought a clarification from the prosecution as to whether any plots were allotted or sold during the

Directorship of the present applicant Smt. Shahjahan, who was Director of Mayur Grah Nirma Sanstha in the year 2016-17. There has been

complaints against this society that it was involved in colonizing the disputed land without obtaining colonizing license, without diversion, without

seeking no objection certificate from the Municipality and without obtaining lay out permission from the Municipal Corporation.

Today, a report has been submitted by learned Public Prosecutor in which it has been mentioned that the applicant alongwith the other co-accused

persons had sold the plots of the colony terming the colony to be a legal colony and strong opposition has been raised to the effect that some

information needs to be obtained from the Income Tax Department and the Bank Statements from the bank. It has also been stated that complainant

Bhuriya, in his statements recorded under Section 164 of Cr.P.C. has made the allegation that he was dubbed when the applicant was Director of the

Society. It has been mentioned that although, no plot was sold by the applicant, however, she was responsible in flouting the provisions of Rules of the

society.

Learned Senior counsel for the applicant submits that it is quite clear that illegalities were committed much earlier in the year 1982 years before the

period when the applicant was appointed as Director of the Society and the applicant was appointed as Director of the society because it was

mandatory to appoint a lady as one of the Directors of the society. He further submits that the applicant is HIV positive and any information of bank

and income tax department can be obtained even on bail.

Case diary was perused.

The statements under Section 164 of the Cr.P.C were also perused.

In most of these statements, the allegations have been made against the other Directors of the society and these are Sheikh Iliyas and Sheikh Mushtak

etc.

Considering the facts and circumstances of the case and the material available against the applicant on record, without commenting on the merits of

the case, looking to the facts and circumstances of the case, this application for grant of anticipatory bail is allowed. It is directed that in the event of

her arrest by the Arresting Officer, subject to her furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) with one solvent

surety of like amount to the satisfaction of the Arresting Officer, applicant Smt. Shahjahan shall be released, subject to abiding the conditions

enumerated under Section 438 (2) of the Cr.P.C. and she will cooperate with the investigating officer. The applicant shall appear before the

Investigating Officer on 25.02.2020 and on all other subsequent dates, as may be fixed by the Investigating Officer from time to time. It is also made

clear that she shall provide all the necessary assistance sought by the Investigating Officer as and when required.

The petition stands allowed and disposed of.

Certified copy as per rules.