Madhya Pradesh High Court
Salman Shaikh vs The State Of Madhya Pradesh on 17 October, 2025
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
NEUTRAL CITATION NO. 2025:MPHC-IND:30715
1 MCRC-47198-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
ON THE 17 th OF OCTOBER, 2025
MISC. CRIMINAL CASE No. 47198 of 2025
SALMAN SHAIKH
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri B.R.Mane, Advocate appearing on behalf of Shri Durgesh Patidar,
Advocate for the applicant.
Shri Apoorv Joshi, Govt. Advocate for the respondent/State.
Shri Gaurav Singh Chouhan, Advocate for the respondent[OBJ].
ORDER
1. This first application has been filed by applicant under Section 483 of
Bharatiya Nagarik Suraksha Sanhita 2023 for grant of regular bail in connection
with Crime No.625/2025 registered at Police Station-Industrial Area(Audhyogik
Kshetra), Ratlam, District-Ratlam(M.P.) for offence punishable under Sections
318(4), 316(2), 316(5), 336(3) and 340(2) of BNS, 2023. Applicant is in judicial
custody since 27.09.2025.
2. Heard the arguments.
3. Perused the grounds for grant of bail stated in the application, case
diary and the relevant material on record.
4. Learned counsel for the applicant, in addition to the grounds mentioned
in the application, submits that the applicant is falsely implicated in the alleged
offence to create pressure for recovery of money. It is a case of commercial civil
dispute regarding sale of goods. Learned counsel for the applicant relied upon the
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judgment of the Supreme Court in the case of Shikhar Chemicals Vs. State of U.P.
reported in 2024 SCC Online 1643 and Delhi Race Club(1940) Ltd. v. State of
U.P., reported in (2024) 10 SCC 690 to contends that the alleged offence is not
made out against the applicant for a commercial transaction relating to sale of
goods. The applicant proposes to deposit Rs.5.00 Lakhs at the time of his release
and further proposes to deposit Rs.10.00 Lakhs in every three months to fulfill his
commercial obligation till Rs.50.00 Lakhs are paid to show his bonafide in the
transaction. The investigation is almost complete. Further, custodial interrogation
of the applicant is not needed in the matter. There is no likelihood of tampering
with evidence by the applicant. Jail incarceration is causing hardship to the
applicant and the dependent family. Applicant is ready to cooperate in further
investigation. Co-accused Ms. Safa Shaikh has been extended benefit of
anticipatory bail v i d e order dated 22.09.2025, passed in M.Cr.C.
No.41720/2025.
5. Per contra , learned counsel for the State opposes the application on the
ground of gravity of alleged offence. However, after going through the case diary,
he fairly states that no criminal antecedent is reported against the applicant.
6. Learned Learned counsel respondent/objector opposes to the proposal
of the applicant and submits that the applicant has received in all, Rs.2,55,00,000/-
towards supply of PVD Coating Machine. The applicant did not supply the
machine and returned the amount of Rs.1,10,00,000/- only till date. The supply of
material is under dispute, therefore, the complainant party is not agreeable to the
proposal made by the applicant.
7. According to the material available on case diary, Mukesh S/o Kantilal
Sharma, Partner of M/s Akar Prakar Techno Engineering Works submitted a
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written complaint to the SHO of P.S. Industrial Area, Ratlam inter-alia stating that
applicant Salman Shaikh, Proprietor of M/s Elecshine Engineering Pvt. Ltd. Navi
Mumbai had submitted a quotation of Rs.2,64,00,000/- dated 24.07.2024 for
supply of machinery and equipment for PVD Coating Plant. Accordingly, he had
taken loan from Central Bank of India, Tripolia Gate, Branch Ratlam and paid
agreed amount of Rs.2,55,00,000/- in the account of M/s Elecshine Engineering
Pvt. Ltd. After deliberations between the parties, Rs.1,10,00,000/- were received
back in the account of complainant and his family members. Rs.1,45,00,000/- are
yet to be received. Salman Sheikh (applicant) and Safa Sheikh are not returning
the amount despite repeated communication and promise. Further, the equipment
and machinery for PVD Coating Plan/Machine is not delivered in furtherance of
the quotation. On such allegations, the P.S. Industrial Area, Ratlam registered FIR
for offence punishable under Sections 318(4), 316(2), 316(5), 336(3) and 340(2)
of BNS, 2023. Relevant seizures were made. The investigation is underway.
Apparently, dispute between the parties relate to sale of goods, non-supply of
machinery and equipment for PVD Coating Machine and non-payment of
outstanding amount. It appears to be a commercial dispute between the parties.
The trial will take time to conclude. The veracity of prosecution and intention of
the applicant will be determined after evidence in the trial. The proposal of
applicant appears to be prima facie bonafide to secure his release on bail.
8. As informed, the applicant is aged 35 years. He runs a business and has
responsibility of dependent family. Considering these aspects, there appears to be
no possibility of fleeing from justice. In absence of any criminal antecedent,
considering the socio-economic status of the applicant, there appears to be no
likelihood of tampering with evidence or influencing the witnesses by the
applicant. There appears to be no compelling reason to continue incarceration of
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the applicant. However, the observations, herein-above, are recorded for present
application only. Co-accused Ms. Safa Shaikh has been extended benefit of
anticipatory bail v i d e order dated 22.09.2025, passed in M.Cr.C.
No.41720/2025.
9. Considering the rival contentions and overall circumstances of the case,
in the light of aforestated facts, but without commenting on the merits, this Court
is inclined to release the applicant on bail. Thus, the application is allowed.
10. Accordingly, it is directed that applicant-Salman Shaikh shall be
released on bail in connection with the Crime as mentioned in first paragraph of
this order, subject to furnishing cash deposit of Rs.5,00,000(Rupees Five Lakhs
Only) and a personal bond in the sum of Rs.5,00,000/-(Rupees Five Lakhs
Only) with one solvent surety of the like amount to the satisfaction of the trial
Court/Incharge Court, for compliance with the following conditions :(For
convenience of understanding by accused and surety, the conditions of bail
are also reproduced in Hindi as under):-
(1) Applicant shall remain present on every date of hearing as may be directed by the concerned court;
(1) आवेदक संबंिधत यायालय के िनदशानुसार सुनवाई क येक ितिथ पर उप थत रहे गा ।
(2) Applicant shall not commit or get involved in any offence of similar nature;
(2) आवेदक समान कृ ित का केाई अपराध नह ं करे गा या उसम स मिलत नह ं होगा ।
(3) Applicant shall not directly or indirectly make any inducement, threat or promise to any person
acquainted with the facts of the case so as to dissuade them/him/her from disclosing such facts to the Court
or to the police officer;
(3) आवेदक करण के त य से प रिचत कसी य को य या अ य प से लोभन, धमक या वचन नह ं
दे गा, जससे ऐसा य ऐसे त य को यायालय या पुिलस अिधकार को कट करने से िनवा रत हो ।
(4) Applicant shall not directly or indirectly attempt to tamper with the evidence or allure, pressurize or
threaten the witness;
(4) आवदे क य या अ य प से सा य के साथ छे डछाड करने का या सा ी या सा य को बहलाने-फुसलाने,
दबाव डालने या धमकाने का यास नह ं करे गा ।
(5) During trial, the applicant shall ensure due compliance of provisions of Section 309 of Cr.P.C ./346 of
Bharatiya Nagarik Suraksha Sanhita, 2023 regarding examination of witnesses in attendance;
(5) वचारण के दौरान, उप थत गवाह से पर ण के संबंध म आवेदक धारा ३०९ दं . .सं./ ३४६ भारतीय नाग रक
सुर ा सं हता, 2023 के ावधान का उिचत अनुपालन सुिन त करे गा ।
(6) The amount of Five lakhs deposited by the applicant shall be released to the
complainant party on furnishing adequate security to reimburse the same, if so directed.
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(7) The applicant shall further deposit Rs.10,00,000/-(Rupees Ten Lakhs) every three
months until the total deposited amount reaches sum of Rs.50,00,000/-(Fifty Lakhs).
11. This order shall be effective till the end of trial. However, in case
of breach of any of the preconditions of bail, the trial Court may consider, on
merit, cancellation of bail without any impediment from this order.
12. The trial Court shall get these conditions reproduced on the
personal bond by the accused and on surety bond by the surety concerned. If
any of them is unable to write, the scribe shall certify that he had explained
the conditions to the concerned accused or the surety.
C.C. as per rules.
(SANJEEV S KALGAONKAR)
JUDGE
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