Madhya Pradesh High Court
Rajesh Soni vs The State Of Madhya Pradesh on 28 June, 2021
Author: Vivek Rusia
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HIGH COURT OF MADHYA PRADESH: BENCH AT INDORE
(SINGLE BENCH: HON'BLE Mr. JUSTICE VIVEK RUSIA)
M.Cr.C. No. 30508/2021
(Rajesh Soni V/s. The State of M.P.)
M.Cr.C. No. 26298/2021
(Rajesh Soni V/s. The State of M.P.)
M.Cr.C. No. 30461/2021
(Rajesh Soni V/s. The State of M.P.)
Date: 28.06.2021:
Shri Sanjay Kumar Sharma, learned counsel for the applicant in
M.Cr.C. No.30528/2021, M.Cr.C. No.26298/2021 and M.Cr.C.
No.30461/2021.
Shri Mukesh Sharma, learned panel lawyer for the
respondent/State.
********
These are the first applications filed under section 439 Cr.P.C
seeking bail who is in custody since 28.07.2020 in connection with Crime
Nos.148/20, 149/20 and 150/20 respectively registered by the police
station Malhargarh, district Mandsaur for the offence punishable under
sections 420, 409 & 120-B of the IPC.
2. As per the prosecution case, 15.8.2018 the Bank Manager of
Malhargarh Branch of Canara Bank made a written complaint to the
Police alleging that from 2016 to 2018, 409 gold loans were sanctioned by
the then Bank Managers and out of 409 cases, in 87 cases the gold loans
were sanctioned by mortgaging the imitation gold ornaments. At the time
of giving loan, the genuineness of the gold was verified by Rajesh Soni
(present applicant), the local goldsmith who was appointed as Gold
Appraiser by the bank. On the basis of his report, 409 loans were
sanctioned to different borrowers . When borrowers did not pay the loan
than in order to recover the loans amount the Bank got verified the
mortgaged gold from another Gold Appraiser and found that in all 87 loan
cases the gold is fake, hence the FIR be registered. On the basis of
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aforesaid complaint, the Police registered the 3 FIRs in the year 2020
against 49 accused including Rajesh Soni and the then Managers of
Canara Bank.
3. Learned counsel for the applicant submits that the applicant has
falsely been implicated in these cases. He duly certified the Gold at the
time of mortgaged but possibility of its changing by fake gold cannot be
ruled out, which is matter of trial. He is in jail since last one year, and
there is no progress in the trial. Offence under section 409 I.P.C. is not
made out against him because gold was not entrusted to him and 420 is
compoundable offence and triable by Magistrate. he is ready to give any
number of securities to the satisfaction of the trial court. It is further
submitted by the learned counsel that all the borrowers came to this court
seeking bail, have been granted bail only after clearing the debt of the
bank. It means the bank has recovered all the loan amount from the
borrowers. The bank managers have also been granted anticipatory bail by
this court. No useful purpose would be served by keeping the applicant in
to the jail, hence he may kindly be released on bail.
4. Learned Penal Lawyer opposes the bail applications that the
applicant is the main master mind of the crime, he infect procured the loan
from the bank by arranging dummy borrowers and fake gold. He gave
20% of the loan amount to the bank manager and 5000/- each to the so-
called borrowers and took all the loan amount. Hence, he is not entitled
for the bail.
5. As per allegation in the FIRs, out of 409 all 87 gold loans were
sanctioned by the bank only after certification of gold by the applicant
being a authorized approver of the bank. It is correct that all the loan has
been deposited in the bank by the borrowers in order to save themselves
from the arrest without affecting their right of defense in the trial. There
can be error of judgment in examining the genuineness of the gold in 409
cases, however it is matter of evidence as whether applicant is responsible
or the borrowers in taking loan by mortgaging fake gold ornaments.
6. Hence all the three bail applications are allowed. The applicant
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be released on bail on his furnishing a personal bond in the sum of
Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety of
the like amount to the satisfaction of the trial Court in each criminal case
for his regular appearance before the trial Court during the trial with a
condition that he shall remain present before the court concerned during
the trial and shall also abide by the conditions enumerated under Section
437(3) Cr.P.C.
7. This order shall be effective till the end of the trial, however, in
case of bail jump, it shall become ineffective. The applicant shall not
leave the country without leave of the trail court.
8. Before releasing the applicant from 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.
Certified copy as per rules.
(Vivek Rusia)
Ajit Judge
AJIT Digitally signed by AJIT KAMALASANAN
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KAMALASANAN
Date: 2021.06.29 17:44:39 +05'30'
