LAWS(MPH)-2023-11-27

PREMCHAND JOSHI Vs. STATE OF MADHYA PRADESH

Decided On November 03, 2023
Premchand Joshi Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) This is first application under Sec. 439 of Cr.P.C. in connection with FIR/Crime No.365/2023, Police Station-Crime Branch Indore, District- Indore, for the offence punishable under Ss. 420, 467,468, 34 of IPC. The applicant is in custody since 19/9/2023.

(2.) Learned counsel for the applicant submitted that the applicant is innocent and has falsely been implicated in the present case. Allegation against the applicant is that without being a member of the society or without holding any post, he has given the land of society after giving Rs.20.00 lakhs to co-Accused Gulab Singh. It is further submitted that the money was taken on behalf of society and land was given to Gulab Singh with the consent of members of society. Due to some dispute, the members of society are making allegations against the applicant. The applicant is well known environmentalist and he has obtained so many awards from the President of India. The applicant is 74 years old person. He is ready to deposit Rs.20.00 lakhs before the Trial Court in the form of FD before releasing from jail with condition that the said amount can be given to actual beneficiaries at the conclusion of trial.

(3.) Counsel for the respondent/State, on the other hand, opposes the prayer.