Chattisgarh High Court

Mo. Khalid Memon And Anr vs State Of Chhattisgarh on 24 January, 2022

                           1
                                       MCRC No. 5040 of 2021 &
                                         other connected matters

                                                        NAFR

   HIGH COURT OF CHHATTISGARH, BILASPUR

               MCRC No. 5040 of 2021

1. Mo. Khalid Memon S/o Late Haji Umar Memon Aged About
   39 Years

2. Mo. Junaid Memon S/o Late Haji Umar Memon Aged About
   34 Years

  Both are R/o H.No. 171/A, Cement Road, Anmol Tower,
  Vaishali Nagar, Nagpur Maharashtra.

                                             ---- Applicants

                        Versus

 State Of Chhattisgarh Through The Police Station Ambagarh
  Chowki, Rajnandgaon.

                                          ---- Respondent

MCRC No. 5150 of 2021

1. Mo. Khalid Memon S/o Late Haji Umar Memon Aged About 39 Years (Age And Name Of Father Wrongly Mentioned In Order Copy)

2. Mo. Junaid Memon S/o Late Haji Umar Memon Aged About 34 Years

Both are R/o H.No. 171/a2, Anmol Tower, In Front Of Mahatma Phoole School, Vaishali Nagar, Police Station- Panch Pawali, Nagpur, Maharashtra.

---- Applicants

Versus

 State Of Chhattisgarh Through The Police Station Ghumka, Rajnandgaon, Chhattisgarh.

---- Respondent

MCRC No. 5040 of 2021 & other connected matters

MCRC No. 5151 of 2021

1. Mo. Khalid Memon S/o Late Haji Umar Memon Aged About 39 Years (Age And Father Name In Wrongly Mentioned In Order)

2. Mo. Junaid Memon S/o Late Haji Umar Memon Aged About 34 Years (Age Is Wrongly Mentioned In Order And Father Name Wrongly)

Both are R/o H.No. 171/a2, Anmol Tower, In Front Of Mahatma Phoole School, Cement Road Vaishali Nagar, Police Station- Panch Pawali, Nagpur, Maharashtra

---- Applicants

Versus

 State Of Chhattisgarh Through The Police Station Kanker, District Kanker, Chhattisgarh.

---- Respondent

MCRC No. 5263 of 2021

1. Mo. Khalid Memon S/o Late Haji Umar Memon Aged About 39 Years (Age Is Wrongly Mentioned In Order)

2. Mo. Junaid Memon S/o Late Haji Umar Memon Aged About 34 Years (Age Is Wrongly Mentioned In Order)

Both are R/o H.No. 171 M, Anmol Tower, Vaishali Nagar, Police Station- Panch Pawali, Nagpur, Maharashtra.

---- Applicants

Versus

 State Of Chhattisgarh Through The Police Station Ambikapur, Surguja, Chhattisgarh.

MCRC No. 5040 of 2021 & other connected matters

---- Respondent

MCRC No. 5354 of 2021

1. Mo. Khalid Memon S/o Late Haji Umar Memon Aged About 39 Years (Age Is Wrongly Mentioned In Order)

2. Mo. Junaid Memon S/o Late Haji Umar Memon Aged About 34 Years (Age Is Wrongly Mentioned In Order)

Both are R/o H.No. 171 M, Anmol Tower Vaishali Nagar, Police Station Panchpawli, Nagpur, Maharashtra.

---- Applicants

Versus

 State Of Chhattisgarh Through The Police Station, Ambikapur, Surguja, Chhattisgarh.

---- Respondent

MCRC No. 5373 of 2021

1. Mo. Khalid Memon S/o Late Haji Umar Memon (Age Wrongly Mentioned In Order) Aged About 39 Years

2. Mo. Junaid Memon, S/o Late Haji Umar Memon (Aged Wronlgy Mentioned In Order) Aged About 34 Years

Both are R/o H.No. 171/ A2, Anmol Tower, In Front Of Mahatma Phoole School, Cement Road, Vaishali Nagar, Police Station Panch Pawali, Nagpur Maharashtra.

---- Applicants

Versus

 State Of Chhattisgarh, Through The Police Station Kanker, Kanker

MCRC No. 5040 of 2021 & other connected matters

---- Respondent

MCRC No. 5438 of 2021

1. Mo. Khalid Memon S/o Late Haji Umar Memon Aged About 39 Years

2. Mo. Junaid Memon S/o Late Haji Umar Memon Aged About 34 Years

Both are R/o H.No. 171/a, Cement Road, Anmol Tower, Vaishali Nagar, Nagpur Maharashtra.

---- Applicants

Versus

 State Of Chhattisgarh Through The Police Station Kotwali, Chowki Chikhali, Rajnandgaon.

---- Respondent

MCRC No. 5498 of 2021

1. Mo. Khalid Memon S/o Late Haji Umar Memon Aged About 39 Years

2. Mo. Junaid Memon S/o Late Haji Umar Memon Aged About 34 Years

Both are Resident of H.No. 171 M, Anmol Tower, Vaishali Nagar, Police Station Panchpawali, Nagpur Maharashtra.

---- Applicants

Versus

 State Of Chhattisgarh Through The Police Station Ambikapur , Surguja.

---- Respondent

MCRC No. 5040 of 2021 & other connected matters

MCRC No. 5526 of 2021

1. Mo. Khalid Memon S/o Late Haji Umar Memon (Age Wrongly Mentioned In Order) Aged About 39 Years

2. Mo. Junaid Memon, S/o Late Haji Umar Memon (Aged Wrongly Mentioned In Order) Aged About 34 Years

Both are R/o H.No. 171 / A 2, Anmol Tower, In Front Of Mahatma Phoole School, Cement Road, Vaishali Nagar, Police Station Panch Pawali, Nagpur Maharashtra.

---- Applicants

Versus

 State Of Chhattisgarh, Through The Police Station Kanker, Kanker.

---- Respondent

MCRC No. 5632 of 2021

1. Mo. Khalid Memon S/o Late Haji Umar Menon Aged About 39 Years (Wrongly Mentioned Is Aged In Order Copy)

2. Mo. Junaid Memon S/o Late Haji Umar Memon Aged About 34 Years (Wrongly Mentioned Is Aged In Order Copy)

Both are R/o H.No. 171/A2, Anmol Tower, In Front Of Mahatma Phoole School, Vaishali Nagar, P.S. Panch Pawali, Nagpur Maharashtra.

---- Applicants

Versus

 State Of Chhattisgarh Through The Police Station Lalbagh, Rajnandgaon, Chhattisgarh.

---- Respondent

MCRC No. 5040 of 2021 & other connected matters

MCRC No. 6850 of 2021

1. Mo. Junaid Memon S/o Late Haji Umar Memon Aged About 32 Years (in cause title age is wrongly mentioned)

2. Mo. Khalid Memon S/o Late Haji Umar Memon Aged About 38 Years (in cause title age is wrongly mentioned)

Both are R/o H. No. 171/A2, Anmol Tower, Cement Road, Vaishali Nagar, P. S. Panchpawali Nagpur, District Nagpur Maharastra

---- Applicants

Versus

 State Of Chhattisgarh Through The Police Station City Kotwali, District Raigarh

---- Respondent

For Applicants :- Mr. Raza Ali, Advocate For Respondent-State :- Mr. Gurudev I Sharan, G.A.

Hon'ble Shri Justice Deepak Kumar Tiwari Order On Board

24/01/2022

1. All the bail applications are decided by this common order,

as in all the bail applications, the accused / applicants are

one and the same.

2. These bail applications are filed under Section 439 of the

Cr.P.C. for grant of regular bail to the applicants, who have

been arrested in connection with following cases:-

MCRC No. 5040 of 2021 & other connected matters

S.No. MCRC No. Crime No. Police Station Offences

1. 5040/2021 168/2019 Ambagarh Chowki, Sections 420, 406, Dist. Rajnandgaon. 467, 468, 471, 120B, 384, 34 of the I.P.C., Sections 3, 4 ,6 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978 & Section 10 of the Nipekshako Ke Hito Ka Sanrakshan Adhiniyam, 2005.

2. 6850/2021 592/2019 City Kotwali, Dist. Sections 420, 34 of Raigarh the I.P.C. and Section 6/10 of the Nipekshako Ke Hito Ka Sanrakshan Adhiniyam, 2005.

3. 5632/2021 411/2019 Lalbagh Dist. Sections 420, 406, Rajnandgaon 467, 468, 471, 120B, 384, 34 of the I.P.C., Sections 3, 4 ,6 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978 & Section 10 of the Nipekshako Ke Hito Ka Sanrakshan Adhiniyam, 2005.

4. 5526/2021 40/2018 Kanker Dist. Kanker Sections 420, 467, 468, 471, 120B, 34 of the I.P.C., Sections 4, 5 ,6 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978 & Section 10 of the Nipekshako

MCRC No. 5040 of 2021 & other connected matters

Ke Hito Ka Sanrakshan Adhiniyam, 2005.

5. 5498/2021 366/2019 Ambikapur Dist. Sections 420, 34 of Surguja the I.P.C. , Section 10 of the Nipekshako Ke Hito Ka Sanrakshan Adhiniyam, 2005 and Sections 4, 3 ,6 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978

6. 5438/2021 470/2019 Kotwali Chowki Sections 420, 406, Chikhali, Dist. 467, 468, 471, Rajnandgaon C.G. 120B/34 of the I.P.C.

and Section 3, 4, 6 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978 & Section 10 of the Nipekshako Ke Hito Ka Sanrakshan Adhiniyam, 2005

7. 5151/2021 12/2018 Kanker Dist. Kanker Sections 420, 467, 468, 471, 120B/34 of the I.P.C. and Section 4, 5, 6 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978 & Section 10 of the Nipekshako Ke Hito Ka Sanrakshan Adhiniyam, 2005

8. 5263/2021 125/2016 Ambikapur Dist. Sections 420, 34 of Surguja the I.P.C. and Section

MCRC No. 5040 of 2021 & other connected matters

3, 4, 6 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978 & Section 10 of the Nipekshako Ke Hito Ka Sanrakshan Adhiniyam, 2005.

9. 5150/2021 154/2019 Ghumka, Dist. Sections 420, 406, Rajnandgaon 467, 468, 471, 120B/34, 384 of the I.P.C. and Section 3, 4, 6 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978 & Section 10 of the Nipekshako Ke Hito Ka Sanrakshan Adhiniyam, 2005

10. 5354/2021 301/2015 Ambikapur Dist. Sections 420, 34 of Surguja the I.P.C. and Section 5, 4, 6 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978 & Section 10 of the Nipekshako Ke Hito Ka Sanrakshan Adhiniyam, 2005

11. 5373/2021 68/2018 Kanker District Kanker Sections 420, 467, 468, 471, 120B/34 of the I.P.C. and Section 5, 4, 6 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978 & Section 10 of the

MCRC No. 5040 of 2021 & other connected matters

Nipekshako Ke Hito Ka Sanrakshan Adhiniyam, 2005

3. Learned counsel for the applicants submits that the

applicants have neither committed any offence nor have

induced any person to invest money. In respect of the same

incidence, the offence has been registered in the year 2016-

17 in different districts, but the complainants in the instant

FIR have not came forward to make any complaint with their

documents. After a lapse of 3 or 4 years the complainants

have came forward in respect of the same incidence which

was registered in the year 2016-17, in which the applicants

have already been acquitted. In crime No.231/2016,

registered at Police Station Basantpur, Rajnandgaon, the

Special Judge, (C.G. Nipekshako Ke Hito Ka Sanrakshan

Adhiniyam 2005), Rajnandgaon C.G. in Special (C.G. PDI

Act) Case No.01/2019 has acquitted the accused persons

vide judgment dated 16.6.2021.

4. It is also to be seen that on the basis of application filed

under Section 156(3) of the Cr.P.C., without following the

mandatory provisions of Cr.P.C., the instant crime has been

registered and thereafter 9 different crimes were registered

against the applicants. In crime number 168/2019, the issue

was challenged about non application of the mandatory

provisions, therefore, in WPCR No.172/2021 vide order

MCRC No. 5040 of 2021 & other connected matters

dated 09.3.2021, further proceeding of the concerned FIR

has been stayed. A similar order has been passed in WPCR

No.174/2021 and WPCR No.164/2021.

5. Learned counsel for the applicants further submits that the

SEBI and local government agencies have opened the

ESCROW account of the company in which the applicants

have deposited money near about 4 to 5 Crores, by selling

out the land of the company and the statement of account

No.38670244771 of SBI, Rajnandgaon, and another account

number 36042021492 of SBI, Nagpur, are annexed with the

petition in which amount of Rs.2,29,19,238.82/- and Rs.

3,09,30,821/- are deposited on 20.11.2021 and 04.11.2021,

respectively. It is pertinent to mention that these accounts

can only be operated by the Collector, therefore, there is

sufficient means to refund the amount, if any, of the genuine

creditors are left for refund of their money. It is submitted

that in the offence registered at Kanker and Sarguja District

applicants were arrested in the year 2019 and for the

offence registered at Rajnandgaon District applicants were

arrested in the year 2021, since then the applicants are in

jail as also the conclusion of trial may take some time and

the applicants are ready to furnish adequate security and

shall abide by all the directions and conditions which may be

imposed upon them by this Court while granting bail,

MCRC No. 5040 of 2021 & other connected matters

therefore, it is prayed that the applicants may be enlarged

on bail.

6. Per contra, learned State counsel opposes the bail

applications.

7. Considering the facts and circumstances of the case,

particularly the period of detention as also the amount

recovered in the ESCROW account and further considering

the fact that applicants have been acquitted by the Special

Judge, Rajnandgaon and district Kanker in other similar

nature of cases, therefore, without commenting anything on

merits, this Court is inclined to release the applicants on bail.

8. Accordingly, all the bail applications are allowed. It is

directed that in the event of each of the applicants' executing

a personal bond for a sum of Rs. 50Lacs with two sureties

for the like amount to the satisfaction of the trial Court, they

shall be released on bail on the following conditions:-

1. they shall not directly or indirectly make any inducement, threat or promise to any persons acquainted with the facts of the case so as to dissuade them from disclosing such fact to the Court.

2. they shall not act in any manner which will be prejudicial to fair and expeditious trial, and

3. they shall appear before the trial Court on

MCRC No. 5040 of 2021 & other connected matters

each and every date given to them by the said Court till disposal of the trial.

4. the applicants and the sureties shall submit a copy of their adhaar card along with a coloured postcard full size photo having printed the adhaar number on it, which shall be verified by the concerned trial Court.

5. they shall not involve themselves in any offence of similar nature in future.

6. The applicants shall also furnish all the details of movable and immovable property in the name of company, applicants and their family members within four weeks after receiving copy of this order, before the concerned trial Court.