Madhya Pradesh High Court
Uttam Mandal vs The State Of Madhya Pradesh on 27 February, 2023
Author: Dinesh Kumar Paliwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE DINESH KUMAR PALIWAL
ON THE 27 th OF FEBRUARY, 2023
MISC. CRIMINAL CASE No. 35759 of 2022
BETWEEN:-
UTTAM MANDAL S/O SHRI MANOJ MANDAL, AGED
ABOUT 31 YEARS, OCCUPATION: SELF EMPLOYED R/O
423/3, MALVIYA NAGAR, DISTRICT (MADHYA PRADESH)
.....APPLICANT
(BY SHRI MANISH DATT-LEARNED SENIOR ADVOCATE WITH SHRI P.S.
CHOUHAN ADVOCATE)
AND
THE STATE OF MADHYA PRADESH THROUGH POLICE
STATION CRIME BRANCH DISTRICT BHOPAL
(MADHYA PRADESH)
.....RESPONDENTS
(BY MS NAILINI GURANG-PANEL LAWYER )
This application coming on for admission this day, the court passed the
following:
ORDER
This first bail application under Section 439 of the Code of Criminal
Procedure has been filed on behalf of applicant- Uttam Mandal for grant of bail,
pending the trial.
The applicant is in custody since 05.05.2022 in connection with Crime
No.69/2022, registered at P.S.-Crime Branch, District - Bhopal (M.P.) for the
offence punishable under Sections 420, 406 of IPC, Section 6 of the M.P.
Nikshepakon Ke Hiton Ka Sanrakshan Adhiniyam, 2000 and Section 4/5 of
M.P. Chitfund Adhiniyam, 1982.
Signature Not Verified
Signed by: KUNDAN
SHARMA
Signing time: 2/28/2023
11:38:52 AM
As per the prosecution story, on 02.05.2022 one Vivek Alone furnished
an application before police alleging that for the last two years he was working
in Marvihs Business Solutions Pvt. Ltd. Company which had floated an
investment plan Know as PIP Account. The Directors of the company namely
Uttam Mandal and Sushan Mogre had allured the investors to invest in their
company as they after receiving money from the public shall use the same in
their business and shall give 3.33% interest per month. After working one year
in the company, he deposited 2,50,000/-, 2,50,000/- in his own name and in the
name of his wife. After agreement, cheque were handed over to them and it was
assured that 12% interest would be given but no interest was given. Uttam
Mandal the director of company has neither returned their amount nor has
given any interest. Number of persons like him have been cheated by Uttam
Mandal and his company. He also mentioned the name of other persons in the
application. After investigation, charge-sheet has been filed.
Learned counsel for the applicant has submitted that applicant has not
committed any offence. He is innocent. He has been falsely implicated. He has
no criminal background. After investigation, charge-sheet has been filed. Trial
of the case will take considerable time. Learned counsel for the applicant has
submitted that applicant is ready to deposit Rs. 20,30,000/- (Twenty Lac Thirty
Thousand) total alleged cheated amount before the trial Court under protest and
if after trial it is found that company has committed any cheating or has usurped
any money of the investors same may be disbursed to them by the trial
Court/competent authority. In the aforesaid pretext, it has been prayed that
applicant be released on bail.
On the other hand, learned counsel for the State has opposed the grant of
Signature Not Verified
bail to the applicant but has fairly admitted that after investigation charge-sheet
Signed by: KUNDAN
SHARMA
Signing time: 2/28/2023
11:38:52 AM
has been filed and as per the chart given by S.H.O., it is found that applicant
and his company has cheated almost an amount of Rs. 20, 30,690/-.
As per the investors, who have given their statements, the total amount of
Rs. 20,30,690/- (Twenty Lac Thirty Thousand and Six Hundred Ninety) is
found to be invested in the company. In Course of investigation no other
investors turned up to give statement regarding allurement or usurping of their
money by the applicant. In this case, after investigation, charge-sheet has been
filed. Applicant is in jail for last more than 9 months. Applicant is ready to
deposit Rs. 20,30,000/- before the trial Court. Trial of the case will take
considerable time. Therefore, having taken into consideration all the facts and
circumstances of the case, it is directed that upon depositing an amount of Rs.
20,30,000/- before the trial Court same be deposited in FD by trial Court of
some nationalize Bank. The amount of FD shall not be encashed without the
prior permission of trial Court. In the light of aforesaid, this first bail
application under Section 439 of the Code of Criminal Procedure for grant of
bail filed on behalf of applicant, stands allowed.
It is directed that applicant-Uttam Mandal be released on bail on his
furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac)
with two solvent sureties of Rs. 50,000/- each in the like amount to the
satisfaction of the trial Court, for his regular appearance before the trial Court
during trial with a condition that he shall remain present before the concerned
Court on all the dates fixed by it during trial. He shall abide by all the
conditions enumerated under Section 437(3) of Cr.P.C.
Learned trial Court/competent authority shall be at liberty to pass
appropriate order about the disbursement of the money after trial Court
Signature Not Verified
Signed by: KUNDAN
SHARMA
Signing time: 2/28/2023
11:38:52 AM
judgment.
This order shall be effective till the end of the trial. However, in case of
bail jump and breach of any of the conditions of bail, it shall become
ineffective.
Certified copy as per rules.
(DINESH KUMAR PALIWAL)
JUDGE
kundan
Signature Not Verified
Signed by: KUNDAN
SHARMA
Signing time: 2/28/2023
11:38:52 AM
