Vijay Pandit vs State Of Madhya Pradesh

Sushrut Arvind Dharmadhikari, J

Heard learned counsel for the parties.

Case diary perused.

This is first application under Section 438 of the Code of Criminal Procedure filed for grant of anticipatory bail.

Applicant apprehends arrest in connection with Crime No.159/2022 registered at Police Station - M.P. Nagar, District Bhopal for the offences punishable under Sections 409, 420 and 120-B of the IPC.

The prosecution story, in short, is that one complaint has been filed by Mr. Manoj Jain, Director of M/s Shree Coal Enterprises (I) Pvt. Ltd. against the co-accused, who is the Director of M/s Virgo Resources and Solution Pvt. Ltd. and VYOM Marines and Logistics Pvt. Ltd. and another co-accused namely Vijay Pandit and applicant Sandeep Samdani on the ground that the complainant had supplied 481 MT of Coal but full payment has not been made, therefore, applicant and co-accused persons have cheated them. On the basis of aforesaid, crime has been registered against the applicant.

Learned counsel for the applicant submits that he is innocent and has been falsely implicated in the case. The dispute is purely of civil nature which has given the color of criminal nature. As per the agreement, payments are to be made within 20 days from the date of dispatch and even before that period could expire, due to increase in rates, the complainant started demanding money and stopped the supply and when the payment was delayed, they have registered the present FIR. Learned counsel for the applicant also informed that during the pendency of this case, the parties have entered into a settlement and entire payment has been made which is not disputed by the learned counsel for the Objector. Disposal of the matter will take long time. The applicant is permanent resident of Mumbai (Maharashtra) and there is no possibility of his absconsion or tampering with the prosecution evidence. The applicant is ready to abide by all the terms and conditions as may be imposed by this Court. He further submits that the Co-accused Sandeep Samdani, against whom similar allegations have been levelled has been enlarged on bail by this Court vide order dated 30.06.2022 passed in M.Cr.C. No.30422/2022. Under these grounds, applicant prays for grant of anticipatory bail.

On the other hand, learned Panel Lawyer for the State opposed the application and prayed for its rejection by contending that on the basis of the allegations and the material available on record, no case for grant of anticipatory bail is made out, therefore, prays for rejection of bail.

However, it would not be desirable to enter into the merits of the rival contentions at this juncture.

Taking into consideration the facts and circumstances of the case, but without expressing any opinion on merits of the case, I deem it appropriate to extend the benefit of anticipatory bail to the applicant.

The application is, accordingly, allowed and it is hereby directed that in the event of arrest of applicant, he shall be released on bail on furnishing a personal bond of Rs.1,00,000/- (Rupees One Lac only) with two local sureties each in the like amount to the satisfaction of Arresting Authority.

T h e applicant shall also furnish a written undertaking before the concerned court that he will abide by the terms and conditions of various circulars, as well as, orders issued by the Central Government, State Government and local administration from time to time such as maintaining social distancing, physical distancing, hygiene etc. to avoid proliferation of Corona virus.

This order will remain operative subject to compliance of the following conditions by the applicant:-

The applicant will comply with all the terms and conditions of the bond executed by him;

The applicant will cooperate in the investigation/trial, as the case may be;

The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court tor to the Police Officer, as the case may be;

4 . The applicant shall not commit any other offence during pendency of the trial, failing which this bail order shall stand cancelled automatically, without further reference to the Bench;

The applicant will not seek unnecessary adjournments during the trial;

and

The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

A copy of this order be sent to the trial court concerned for compliance. Certified copy as per rules.