MRS.PREETI GOYAL Vs. STATE OF M.P.

JUDGEMENT

(1.) This is first bail application under Section 438 Cr.P.C., 1973 by one Preeti Goyal, who undisputedly is the wife of Sanjay Goyal one of the co-accused in this case on account of being the Madhya Pradesh Head of Prithivi Utility Service Pvt.Ltd. and another co-accused Anurag Singh Chouhan is the Managing Director of the said company. Anurag Singh Chouhan has been apprehended and is in custody. Sanjay Goyal is absconding. This Court recorded its displeasure over the manner in which Police authorities so far handlled the investigation and directed for personal appearance of Superintendent of Police, Dhar to update this Court ensuring arrest of Sanjay Goyal vide order dated 24.4.2018. The case was though posted for further orders on 30.4.2018 but was called out on 1.5.2018. As per the record Virendra Kumar Singh, Supdt.of Police, Dhar appeared before this Court and stated that he has changed the concerning SHO and the IO in the case. One Kailash Malviya is appointed as SHO and Sitaram Upadhyay, Sub-Inspector as Investigating Officer. Shri Singh also assured this Court that all possible efforts shall be made by the new investigating team to apprehend the main accused Sanjay Goyal within a period of fifteen days. On such assurance by a senior Police Officer, this Court deferred hearing of the case dispensing with personal appearance of Shri Virendra Kumar Singh, Supdt.of Police, Dhar. However, the IO and SHO were ordered to remain present on the next date of hearing.

(2.) Today, though officers ordered to remain present have appeared but have expressed their inability and helplessness in apprehending the main accused Sanjay Goyal. As a matter of fact such act and conduct of Police officials tentamounts to betrayal of assurance given by the Supdt.of Police, Dhar and this Court takes strong exception to the manner in which the Police authorities so far has conducted the case as this Court cannot loss sight of the fact that FIR was registered on 10.2.2017 and more than one and half years has passed but the main accused person has not been arrested.

(3.) Shri Amit Agrawal, learned senior counsel with Shri R.S.Chhabra and Shri Arjun Agrawal, learned counsel for the applicant, on a pointed query has expressed his ignorance about the whereabouts of the applicant Preeti Goyal on whose behalf the instant application has been filed for anticipatory bail.