Madhya Pradesh High Court
Purshottam Das Soni vs The State Of Madhya Pradesh on 22 November, 2023
Author: Vishal Dhagat
Bench: Vishal Dhagat
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VISHAL DHAGAT
ON THE 22 nd OF NOVEMBER, 2023
MISC. CRIMINAL CASE No. 41959 of 2023
BETWEEN:-
PURSHOTTAM DAS SONI S/O SHRI SHAMBHU PRASAD
SONI, AGED ABOUT 49 YEARS, R/O H NO 13, ANKIT
PARISAR RAJHARSH COLONY KOLAR ROAD, DISTRICT
BHOPAL (MADHYA PRADESH)
.....APPLICANT
(BY SHRI PRASANNA NAMDEO - ADVOCATE)
AND
THE STATE OF MADHYA PRADESH THROUGH POLICE
STATION KOLAR ROAD, DISTRICT BHOPAL (MADHYA
PRADESH)
.....RESPONDENT
(BY SHRI S.K. SHRIVASTAVA - GOVT. ADVOCATE FOR
RESPONDENT/STATE AND SHRI MANISH KUMAR SONI - ADVOCATE FOR
OBJECTOR)
This application coming on for admission this day, the court passed the
following:
ORDER
This is second bail application filed by applicant under Section 439 of
Code of Criminal Procedure for grant of regular bail relating to FIR
No.281/2023, registered at Police Station-Kolar Road, District-Bhopal (M.P.)
for the offence punishable under Sections 409, 420, 467, 471 and 120-B of
Indian Penal Code.
2. Learned counsel appearing for the applicant submitted that there is civil
dispute between applicant and complainant. Said dispute has been given
criminal color. There is an agreement between applicant and complainant to
share the profits of business. As applicant was partner in the business,
therefore, he has transferred the amount. No offence under Section 409, 420,
467 and 471 of IPC has been committed by applicant. Applicant is in jail since
30.06.2023. It is further submitted that movable and immovable property of
applicant has also been seized by the police, therefore, interest of respondent is
also protected. In these circumstances, applicant may be released on bail.
3 . Learned Government Advocate appearing for the State as well as
counsel appearing for objector opposed the application for grant of bail. It is
submitted that an amount of Rs.69,09,000/- has been transferred by applicant to
his relatives and other persons. There is list of 16 persons in whose accounts
applicant has transferred the money. In these circumstances, applicant may not
be granted bail.
4. Heard the counsel for the parties.
5. Accounts of applicant and his property has been seized. There is
possibility that there may be money from proceeds of crime in said accounts or
in said property. Investigation is complete and charge-sheet has been filed.
6. Considering aforesaid facts and circumstances of the case, bail
application filed by the applicant is allowed.
7. It is directed that the applicant shall be released on bail on furnishing
personal bond in the sum of Rs.1,00,000/- (Rupees One Lac only) with two
solvent sureties in the like amount to the satisfaction of the trial Court
concerned for his regular appearance before Court on all such dates as may be
fixed in this regard during pendency of trial.
8. It is further directed that the trial Court will not release the account of
applicant or his property till final disposal of case. Said property will be
released subject to final judgment or order which will be passed by the trial
Court in the case.
9. The applicant shall also abide by the following conditions of Section
437 (3) of Cr. P. C. as under:-
(a) that such person shall attend in accordance with the conditions of the
bond executed under this Chapter;
(b) that such person shall not commit any offence similar to the offence
of which he is accused, or suspected of the commission of which he is
suspected and;
(c) that such person shall not directly or indirectly make any inducement,
threat or promise to any person acquainted with the facts of the case as to
dissuade him from disclosing such facts to the Court or to any police officer or
tamper with the evidence.
10. Certified copy as per rules.
(VISHAL DHAGAT)
JUDGE
sp/-
