Allowed

Mo. Khalid Memon and Anr. v. State of Chhattisgarh

Chhattisgarh HC24 Jan 2022MCRC/5151/2021

Case brief

AI extract

What is this about?

The High Court of Chhattisgarh, in a common order, allowed multiple bail applications filed by two accused individuals. The court granted bail considering their prior acquittal in similar cases and the refund of money into an escrow account, directing them to execute a personal bond along with conditions.

What did the court decide?

Granted bail to applicants on execution of personal bond of Rs. 50 Lacs with two sureties, subject to specific conditions including not leaving the country and appearing in court.

Mo. Khalid Memon and Anr. Vs State of Chhattisgarh — Corruption | Chhattisgarh HC (2022)

¶1

¶2

MCRC No. 5040 of 2021 & other connected matters

¶3

NAFR

¶4

HIGH COURT OF CHHATTISGARH, BILASPUR

¶5

MCRC No. 5040 of 2021

¶6

Mo. Khalid Memon S/o Late Haji Umar Memon Aged About 39 Years

¶7

Mo. Junaid Memon S/o Late Haji Umar Memon Aged About 34 Years

¶8

Both are R/o H.No. 171/A, Cement Road, Anmol Tower, Vaishali Nagar, Nagpur Maharashtra.

¶9

---- Applicants

¶10

Versus

¶11

State Of Chhattisgarh Through The Police Station Ambagarh Chowki, Rajnandgaon.

¶12

---- Respondent

¶13

MCRC No. 5150 of 2021

¶14

Mo. Khalid Memon S/o Late Haji Umar Memon Aged About 39 Years (Age And Name Of Father Wrongly Mentioned In Order Copy)

¶15

Mo. Junaid Memon S/o Late Haji Umar Memon Aged About 34 Years

¶16

Both are R/o H.No. 171/a2, Anmol Tower, In Front Of Mahatma Phoole School, Vaishali Nagar, Police StationPanch Pawali, Nagpur, Maharashtra.

¶17

---- Applicants

¶18

Versus

¶19

State Of Chhattisgarh Through The Police Station Ghumka, Rajnandgaon, Chhattisgarh.

¶20

---- Respondent

¶21

¶22

MCRC No. 5040 of 2021 & other connected matters

¶23

MCRC No. 5151 of 2021

¶24

Mo. Khalid Memon S/o Late Haji Umar Memon Aged About 39 Years (Age And Father Name In Wrongly Mentioned In Order)

¶25

Mo. Junaid Memon S/o Late Haji Umar Memon Aged About 34 Years (Age Is Wrongly Mentioned In Order And Father Name Wrongly)

¶26

Both are R/o H.No. 171/a2, Anmol Tower, In Front Of Mahatma Phoole School, Cement Road Vaishali Nagar, Police Station- Panch Pawali, Nagpur, Maharashtra

¶27

---- Applicants

¶28

Versus

¶29

State Of Chhattisgarh Through The Police Station Kanker, District Kanker, Chhattisgarh.

¶30

---- Respondent

¶31

MCRC No. 5263 of 2021

¶32

Mo. Khalid Memon S/o Late Haji Umar Memon Aged About 39 Years (Age Is Wrongly Mentioned In Order)

¶33

Mo. Junaid Memon S/o Late Haji Umar Memon Aged About 34 Years (Age Is Wrongly Mentioned In Order)

¶34

Both are R/o H.No. 171 M, Anmol Tower, Vaishali Nagar, Police Station- Panch Pawali, Nagpur, Maharashtra.

¶35

---- Applicants

¶36

Versus

¶37

State Of Chhattisgarh Through The Police Station Ambikapur, Surguja, Chhattisgarh.

¶38

¶39

MCRC No. 5040 of 2021 & other connected matters

¶40

---- Respondent

¶41

MCRC No. 5354 of 2021

¶42

Mo. Khalid Memon S/o Late Haji Umar Memon Aged About 39 Years (Age Is Wrongly Mentioned In Order)

¶43

Mo. Junaid Memon S/o Late Haji Umar Memon Aged About 34 Years (Age Is Wrongly Mentioned In Order)

¶44

Both are R/o H.No. 171 M, Anmol Tower Vaishali Nagar, Police Station Panchpawli, Nagpur, Maharashtra.

¶45

---- Applicants

¶46

Versus

¶47

State Of Chhattisgarh Through The Police Station, Ambikapur, Surguja, Chhattisgarh.

¶48

---- Respondent

¶49

MCRC No. 5373 of 2021

¶50

Mo. Khalid Memon S/o Late Haji Umar Memon (Age Wrongly Mentioned In Order) Aged About 39 Years

¶51

Mo. Junaid Memon, S/o Late Haji Umar Memon (Aged Wronlgy Mentioned In Order) Aged About 34 Years

¶52

Both are R/o H.No. 171/ A2, Anmol Tower, In Front Of Mahatma Phoole School, Cement Road, Vaishali Nagar, Police Station Panch Pawali, Nagpur Maharashtra.

¶53

---- Applicants

¶54

Versus

¶55

State Of Chhattisgarh, Through The Police Station Kanker, Kanker

¶56

¶57

MCRC No. 5040 of 2021 & other connected matters

¶58

---- Respondent

¶59

MCRC No. 5438 of 2021

¶60

Mo. Khalid Memon S/o Late Haji Umar Memon Aged About 39 Years

¶61

Mo. Junaid Memon S/o Late Haji Umar Memon Aged About 34 Years

¶62

Both are R/o H.No. 171/a, Cement Road, Anmol Tower, Vaishali Nagar, Nagpur Maharashtra.

¶63

---- Applicants

¶64

Versus

¶65

State Of Chhattisgarh Through The Police Station Kotwali, Chowki Chikhali, Rajnandgaon.

¶66

---- Respondent

¶67

MCRC No. 5498 of 2021

¶68

Mo. Khalid Memon S/o Late Haji Umar Memon Aged About 39 Years

¶69

Mo. Junaid Memon S/o Late Haji Umar Memon Aged About 34 Years

¶70

Both are Resident of H.No. 171 M, Anmol Tower, Vaishali Nagar, Police Station Panchpawali, Nagpur Maharashtra.

¶71

---- Applicants

¶72

Versus

¶73

State Of Chhattisgarh Through The Police Station Ambikapur , Surguja.

¶74

---- Respondent

¶75

¶76

MCRC No. 5040 of 2021 & other connected matters

¶77

MCRC No. 5526 of 2021

¶78

Mo. Khalid Memon S/o Late Haji Umar Memon (Age Wrongly Mentioned In Order) Aged About 39 Years

¶79

Mo. Junaid Memon, S/o Late Haji Umar Memon (Aged Wrongly Mentioned In Order) Aged About 34 Years

¶80

Both are R/o H.No. 171 / A 2, Anmol Tower, In Front Of Mahatma Phoole School, Cement Road, Vaishali Nagar, Police Station Panch Pawali, Nagpur Maharashtra.

¶81

----Applicants

¶82

Versus

¶83

State Of Chhattisgarh, Through The Police Station Kanker, Kanker.

¶84

---- Respondent

¶85

MCRC No. 5632 of 2021

¶86

Mo. Khalid Memon S/o Late Haji Umar Menon Aged About 39 Years (Wrongly Mentioned Is Aged In Order Copy)

¶87

Mo. Junaid Memon S/o Late Haji Umar Memon Aged About 34 Years (Wrongly Mentioned Is Aged In Order Copy)

¶88

Both are R/o H.No. 171/A2, Anmol Tower, In Front Of Mahatma Phoole School, Vaishali Nagar, P.S. Panch Pawali, Nagpur Maharashtra.

¶89

---- Applicants

¶90

Versus

¶91

State Of Chhattisgarh Through The Police Station Lalbagh, Rajnandgaon, Chhattisgarh.

¶92

---- Respondent

¶93

¶94

MCRC No. 5040 of 2021 & other connected matters

¶95

MCRC No. 6850 of 2021

¶96

Mo. Junaid Memon S/o Late Haji Umar Memon Aged About 32 Years (in cause title age is wrongly mentioned)

¶97

Mo. Khalid Memon S/o Late Haji Umar Memon Aged About 38 Years (in cause title age is wrongly mentioned)

¶98

Both are R/o H. No. 171/A2, Anmol Tower, Cement Road, Vaishali Nagar, P. S. Panchpawali Nagpur, District Nagpur Maharastra

¶99

---- Applicants

¶100

Versus

¶101

State Of Chhattisgarh Through The Police Station City Kotwali, District Raigarh

¶102

---- Respondent

¶103

For Applicants :- Mr. Raza Ali, Advocate For Respondent-State :- Mr. Gurudev I Sharan, G.A.

¶104

Hon'ble Shri Justice Deepak Kumar Tiwari Order On Board

¶105

24/01/2022

¶106

All the bail applications are decided by this common order,

¶107

as in all the bail applications, the accused / applicants are one and the same.

¶108

These bail applications are filed under Section 439 of the

¶109

Cr.P.C. for grant of regular bail to the applicants, who have been arrested in connection with following cases:-

¶110

¶111

MCRC No. 5040 of 2021 & other connected matters

¶112

S.No.	MCRC No.	Crime No.	Police Station	Offences
1.	5040/2021	168/2019	Ambagarh Chowki, Dist. Rajnandgaon.	Sections 420, 406, 467, 468, 471, 120B, 384, 34 of the I.P.C., Sections 3, 4 ,6 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978 & Section 10 of the Nipekshako Ke Hito Ka Sanrakshan Adhiniyam, 2005.
2.	6850/2021	592/2019	City Kotwali, Dist. Raigarh	Sections 420, 34 of the I.P.C. and Section 6/10 of the Nipekshako Ke Hito Ka Sanrakshan Adhiniyam, 2005.
3.	5632/2021	411/2019	Lalbagh Dist. Rajnandgaon	Sections 420, 406, 467, 468, 471, 120B, 384, 34 of the I.P.C., Sections 3, 4 ,6 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978 & Section 10 of the Nipekshako Ke Hito Ka Sanrakshan Adhiniyam, 2005.
4.	5526/2021	40/2018	Kanker Dist. Kanker	Sections 420, 467, 468, 471, 120B, 34 of the I.P.C., Sections 4, 5 ,6 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978 & Section 10 of the Nipekshako

¶113

¶114

MCRC No. 5040 of 2021 & other connected matters

¶115

				Ke Hito Ka Sanrakshan Adhiniyam, 2005.
5.	5498/2021	366/2019	Ambikapur Dist. Surguja	Sections 420, 34 of the I.P.C. , Section 10 of the Nipekshako Ke Hito Ka Sanrakshan Adhiniyam, 2005 and Sections 4, 3 ,6 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978
6.	5438/2021	470/2019	Kotwali Chowki Chikhali, Dist. Rajnandgaon C.G.	Sections 420, 406, 467, 468, 471, 120B/34 of the I.P.C. and Section 3, 4, 6 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978 & Section 10 of the Nipekshako Ke Hito Ka Sanrakshan Adhiniyam, 2005
7.	5151/2021	12/2018	Kanker Dist. Kanker	Sections 420, 467, 468, 471, 120B/34 of the I.P.C. and Section 4, 5, 6 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978 & Section 10 of the Nipekshako Ke Hito Ka Sanrakshan Adhiniyam, 2005
8.	5263/2021	125/2016	Ambikapur Dist. Surguja	Sections 420, 34 of the I.P.C. and Section

¶116

			9 MCRC No. 50 other conn	40 of 2021 & ected matters
				3, 4, 6 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978 & Section 10 of the Nipekshako Ke Hito Ka Sanrakshan Adhiniyam, 2005.
9.	5150/2021	154/2019	Ghumka, Dist. Rajnandgaon	Sections 420, 406, 467, 468, 471, 120B/34, 384 of the I.P.C. and Section 3, 4, 6 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978 & Section 10 of the Nipekshako Ke Hito Ka Sanrakshan Adhiniyam, 2005
10.	5354/2021	301/2015	Ambikapur Dist. Surguja	Sections 420, 34 of the I.P.C. and Section 5, 4, 6 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978 & Section 10 of the Nipekshako Ke Hito Ka Sanrakshan Adhiniyam, 2005
11.	5373/2021	68/2018	Kanker District Kanker	Sections 420, 467, 468, 471, 120B/34 of the I.P.C. and Section 5, 4, 6 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978 & Section 10 of the

¶117

¶118

MCRC No. 5040 of 2021 & other connected matters

¶119

Nipekshako Ke Hito Ka Sanrakshan Adhiniyam, 2005

¶120

Learned counsel for the applicants submits that the applicants have neither committed any offence nor have induced any person to invest money. In respect of the same incidence, the offence has been registered in the year 201617 in different districts, but the complainants in the instant FIR have not came forward to make any complaint with their documents. After a lapse of 3 or 4 years the complainants have came forward in respect of the same incidence which was registered in the year 2016-17, in which the applicants have already been acquitted. In crime No.231/2016, registered at Police Station Basantpur, Rajnandgaon, the Special Judge, (C.G. Nipekshako Ke Hito Ka Sanrakshan Adhiniyam 2005), Rajnandgaon C.G. in Special (C.G. PDI Act) Case No.01/2019 has acquitted the accused persons vide judgment dated 16.6.2021.

¶121

It is also to be seen that on the basis of application filed under Section 156(3) of the Cr.P.C., without following the mandatory provisions of Cr.P.C., the instant crime has been registered and thereafter 9 different crimes were registered against the applicants. In crime number 168/2019, the issue was challenged about non application of the mandatory provisions, therefore, in WPCR No.172/2021 vide order

¶122

¶123

MCRC No. 5040 of 2021 & other connected matters

¶124

dated 09.3.2021, further proceeding of the concerned FIR has been stayed. A similar order has been passed in WPCR No.174/2021 and WPCR No.164/2021.

¶125

Learned counsel for the applicants further submits that the SEBI and local government agencies have opened the ESCROW account of the company in which the applicants have deposited money near about 4 to 5 Crores, by selling out the land of the company and the statement of account No.38670244771 of SBI, Rajnandgaon, and another account number 36042021492 of SBI, Nagpur, are annexed with the petition in which amount of Rs.2,29,19,238.82/- and Rs. 3,09,30,821/- are deposited on 20.11.2021 and 04.11.2021, respectively. It is pertinent to mention that these accounts can only be operated by the Collector, therefore, there is sufficient means to refund the amount, if any, of the genuine creditors are left for refund of their money. It is submitted that in the offence registered at Kanker and Sarguja District applicants were arrested in the year 2019 and for the offence registered at Rajnandgaon District applicants were arrested in the year 2021, since then the applicants are in jail as also the conclusion of trial may take some time and the applicants are ready to furnish adequate security and shall abide by all the directions and conditions which may be imposed upon them by this Court while granting bail,

¶126

¶127

MCRC No. 5040 of 2021 & other connected matters

¶128

therefore, it is prayed that the applicants may be enlarged on bail.

¶129

Per contra, learned State counsel opposes the bail applications.

¶130

Considering the facts and circumstances of the case, particularly the period of detention as also the amount recovered in the ESCROW account and further considering the fact that applicants have been acquitted by the Special Judge, Rajnandgaon and district Kanker in other similar nature of cases, therefore, without commenting anything on merits, this Court is inclined to release the applicants on bail.

¶131

Accordingly, all the bail applications are allowed. It is directed that in the event of each of the applicants' executing a personal bond for a sum of Rs. 50Lacs with two sureties for the like amount to the satisfaction of the trial Court, they shall be released on bail on the following conditions:-

¶132

they shall not directly or indirectly make any inducement, threat or promise to any persons acquainted with the facts of the case so as to dissuade them from disclosing such fact to the Court.

¶133

they shall not act in any manner which will be prejudicial to fair and expeditious trial, and

¶134

they shall appear before the trial Court on

¶135

¶136

MCRC No. 5040 of 2021 & other connected matters

¶137

each and every date given to them by the said Court till disposal of the trial.

¶138

the applicants and the sureties shall submit a copy of their adhaar card along with a coloured postcard full size photo having printed the adhaar number on it, which shall be verified by the concerned trial Court.

¶139

they shall not involve themselves in any offence of similar nature in future.

¶140

The applicants shall also furnish all the details of movable and immovable property in the name of company, applicants and their family members within four weeks after receiving copy of this order, before the concerned trial Court.

¶141

The applicants shall also not change their permanent address without informing the concerned trial Court.

¶142

The applicants shall not leave the country without any prior permission from the concerned trial Court.

¶143

SD/-

¶144

( Deepak Kumar Tiwari ) Judge

¶145

Ayushi

Mo. Khalid Memon and Anr. v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Mo. Khalid Memon and Anr. v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Ajay Kurrey Vs State of Chhattisgarh

Kanker Roadways Vs State Transport Appellate Tribunal

Kanker Roadways Vs State Transport Appellate Tribunal

Amit Josh Morish Vs State of Chhattisgarh

Sakundram Vs Rupsingh

Atin Kumar Majumdar Vs State of C.G.