VIJAY Vs. STATE OF MP
LAWS(MPH)-2020-6-532
HIGH COURT OF MADHYA PRADESH
Decided on June 18,2020

VIJAY Appellant
VERSUS
STATE OF MP Respondents

JUDGEMENT

- (1.)This is second bail application under Section 439 of Cr.P.C. in connection with Crime No.229/2019 registered at Police Station - Tonkkhurd, District-Dewas under Section 420 and 406 of IPC. First application was dismissed as withdrawn vide order dated 10/01/2020 passed in MCRC No.87/2020.
(2.)It is the case of the prosecution that brother of Manoj, Vijay (present petitioner) stated to the complainant Arun Bairagi that he has a contract of constructing pipe line and road and for that purpose he needs a tractor. He allured the complainant to engage his tractor on contract for rent assuring that he will pay a handsome rent and also bear the maintenance of the tractor. After sometime, he demanded more tractors. On his suggestion, the complainant purchased two more tractors and handed over to him. After sometime, he asked for some more tractors. The complainant was not having more tractor, therefore, he forwarded his proposal to his known persons Digvijaysingh, Devendra and Kailash. They also found the proposal attractive and engaged their tractors with Vijay, but Vijay neither paid the rent as agreed between them nor returned the tractor. On inquiry, it was found that he had sold those tractors somewhere in Rajasthan. The police apprehended Vijay. He disclosed before the police that he along with his brother Manoj has committed the alleged fraud and with the help of his brother (Manoj) has sold all the tractors and misappropriated the amount, therefore, Manoj was taken into custody and interrogated by the police, who admitted that he handed over all the tractors to his brother-in-law Sunil, who sold it and embezzled or misappropriated the amount received as consideration.
(3.)This time, the bail has been pleaded on the ground of period of custody, which is about 11 months now.


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.