Shashikant S/o. Subramaniyam Swami vs State Of M.P

Vivek Rusia, J

This is a repeat (3rd) application filed under Section 439 of Cr.P.C. by the applicant - Shashikant S/o. Subramaniyam Swami, who has been arrested by Police on 26.7.2019 in connection with Crime No.103/2019, Police Station Cyber Cell, Indore concerning offence under Section 420, 467, 468, 120-B/34 of the IPC and u/s. 66(D) of Information Technology (Amendment) Act, 2008.

Heard the learned counsel for the parties through video conferencing and perused the case diary.

As per prosecution story, on 2.6.2019, complainant - Mathew Pulican aged about 75 years alongwith his wife filed the written complaint in the cyber cell against the unknown person alleging commission of offence of cheating and offence under Section 66(D) of the Information Technology (amendment) Act, 2008. According to the complainant he has been dubbed and cheated by some unknown person in the name of revival of insurance policy and got invested total Rs.39.00 lac. He has deposited the aforesaid amount in the different bank accounts on several occasions since 03.06.2016. According to him, one Kirti Sharma met him in the year 2007. Being an agent of Aviva Life Insurance Company, she gave a proposal for investment of money in an insurance policy. The complainant has been asked to deposit Rs.1,50,000/- as one time premium of the life insurance policy. As per the terms and conditions of the policy he would get Rs.50.00 lac after 20 years of maturity period. Upon believing the aforesaid proposals, he purchased two policies in the name of his grand son and daughter by paying Rs.3.00 lac vide Cheque dated 23.11.2007. After payment of the premium he received a phone call for deposit of second installment of the premium. He decided to withdraw the policy as initially he was asked to pay one time premium. He has cancelled the policy and received the amount of Rs.1,73,416/-on 08.12.2010. On 11.01.2016 he received a call from Palak Mishra that the amount deducted Rs.1,26,584/- has been invested in the another policy and it has become Rs.5,97,560/- and he was offered that he will get the amount after depositing some more amount in the bank account and he was asked to fill certain papers. Later on he received similar type of calls in respect of different policies. The cyber team conducted the detail investigation and collected the documents. The present applicant who is a resident of Delhi was found associated with two main accused persons Matthew Messy and Kamal Mishra who have used his card for withdrawal of Rs.1,50,000/-.

Learned counsel for the applicant submits that after rejection of the first application on 16.12.2019 and withdrawal of second bail application, now the trial Court has framed the charges against the present applicant on 3.11.2020 for the offence u/s. 420 and 120-B of the IPC. The charge No.1 i.e. 420 of IPC is only that the applicant has misappropriated Rs.1,50,000/-. He further submits that only her card was used for withdrawal of the aforesaid amount. So far as charges u/s. 467, 468 of the IPC are concerned, they are not against the applicant. The two main accused have not been arrested so far for which the present applicant cannot be kept in the custody for an indefinite period. The applicant is in custody since 26.7.2019 and the trial may take time to conclude. There is no minimum sentence provided u/s. 420 of the IPC.

Prayer is opposed by the learned counsel for the respondent/State.

Copy of the charges framed by the trial Court is filed by the applicant as Annexure A/3 from which it is apparent that only charges u/s. 420 and 120-B of IPC have been registered against the applicant. Considering the aforesaid facts and circumstances of the case and keeping in view the period of custody of the present applicant, without commenting anything on the merits of the case, the application is allowed. The applicant is directed to be released on bail upon his furnishing personal bond in the sum of Rs.1,00,000/- (Rupees One Lakh) with two sureties, out of which one shall be the local, in the like amount to the satisfaction of the 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 and shall also abide by the conditions enumerated under section 437(3) Cr.P.C.

Before releasing the applicant from the custody the jail authorities are directed to medically examine him in order to rule out the possibility of COVID -19 infections and shall comply with the direction given by the Hon'ble Apex Court in Writ Petition No. 1/2020.

C.C. as per rules.