MANDEEP Vs. STATE OF M.P.

JUDGEMENT

(1.) This is a repeat (2nd) application filed under Section 439 of Cr.P.C. by the applicant - Yogesh S/o. Bharatsingh Rathore, who has been arrested by Police on 6.11.2019 in Crime No.374/2020, Police Station Nahar Darwaja, District Dewas under Sections 419, 365, 392, 120-B, 395/34 of the IPC. The earlier (first) application was dismissed as withdrawn due to the wrong mention of the crime number.

(2.) That on 23.10.2019 Anil Kumar Soni lodged an FIR in the Police Station Nahar Darwaja, Dewas that he is an employee of Mahip Shah R/o Satna since last 10 years. He works in his shop as well as in the house. On 18.10.2019, at 4.00 p.m., Shri Mahip Shah instructed him to go to Indore by Bus and deliver the cash amount in Sarafa bazar. At 6.15 p.m., he reached to the Bus Stand and there Mr. Shah handed over a brown-black coloured bag and ticket of bus with instruction to hand over this bag to Shri Rajesh Bhai, Sarafa bazar, Indore. He was made aware there is cash of Rs.9,00,000/- (Rs. Nine Lakhs) inside the bag. On the next day i.e. 19.10.2019, near about 8.00 to 8.15 in the morning in Dewas near Bhopal bypass crossing two persons came inside the Bus pretending as Policemen and started enquiring about the bag. He was forced to get down from the Bus with the bag. They threatened that if he would not go along with them, they would register a false case under the NDPS Act against him. He sat along with them in the car and they took him towards Ujjain and snatched the bag containing currency and left him in-between in the jungle. Thereafter he came to Indore and gave information to Mr. Shah on the telephone. Mr. Shah came to Indore and lodged the FIR . After the aforesaid report, the Police started the investigation and arrested 9 persons and recovered much more than the looted amount. Police Station Nahar Darwaza, District Dewas registered an FIR for the offence punishable under Sections 392, 365, 419, 34, 120-B and 395 of the IPC against 9 accused viz 1. Mandeep Rathore, 2. Nilesh s/o Harilal 3. Naresh Tomar, 4. Sarabjot @ Sonu, 5.Yogesh Rathore 6. Vilas Mane, 7. Bhavram Chouhan 8. Harish Verma, and 9. Mahendra Singh Rajpoot.

(3.) After completing the investigation police have filed the Challan against all the 9 accused under Sections 392, 365, 419, 34, 120-B and 395 of the IPC. In the Final Report, the police narrated the story that Vilas Mane a resident of Pune came to know from Mahendra who is a driver in Satna that one person from Satna is going to Indore with cash of Rs. 1 Crore. Thereafter he gave a call to Harish Verma who got him introduced with Naresh Tomar and Sarabjot @ Sonu. On 17.10.2019 Vilas Mane along with Bhavram came to Dewas by car and stayed in Meghddot Hotel. On 19.10.2019 they all met with Mandeep and Nilesh and prepared the plan of robbery. According to the plan, Mandeep and Nilesh would robe a person who going to travel Indore from Satna with cash of Rs. 55 lakhs. Mandeep called his cousin brother Yogesh who works in Municipal Corporation Dewas and demanded his Walkie- Talkie set for one day. On 19.10.2019 Mandeep collected Walkie- Talkie set from him and returned on the same day. According to Mandeep and Nilesh, they reached Bhopal bypass at 8 am and stopped the bus by showing Walkie- Talkie set and entered inside the bus. Mandeep and Nilesh pretended as policemen and boarded down a person traveling with a bag. They took him to the jungle in Artiga car (MH 12PZ 4765) and snatched a bag from him. They found 55 lakhs cash inside the bag but told Sabarjot @ Sonu and Vilas that they found on 12 lakhs inside the bag. Mandeep and Nilesh gave 12 lakhs to Sabarjot and kept the remaining amount with them. Sabarjot gave them 1-1 lakh as a reward for their contribution in the commission of crime. Out of 45 lakhs, Mandeep kept 25 lakhs and gave 20 lakhs to Nilesh. Sabarjot @ Sonu has also distributed looted money amongst 7 other as per their active role in the loot. As per memorandum under section 27 police have recovered 21.50 lakhs out of 25 lakhs from Mandeep Rathore, 15 lakhs out of 20 lakhs from Nilesh s/o Harilal 90,000/- out of 2, lakhs from Naresh Tomar, 4.50 lakhs from Sarabjot @ Sonu, Walkie- Talkie set from Yogesh Rathore 1.25 lakhs out of 1.75lakhs from Vilas Mane, 75,000/- out of 1 lakhs from Bhavram Chouhan, 5,000/- out of 25,000/- from Harish Verma