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Sunday, August 22, 2021

MPID Accused released on bail by HC

 MPID Accused released on bail by HC

Zafar Khan 

Nagpur 23 August 

Justice RB Deo has granted bail to Raj Mohd Chaudhari who was arrayed as accused in Crime 130/2019 registered with Police Station, Desaiganj for the offences punishable under Section 420 read with Section 34 of the Indian Penal Code and Section 3 of the Maharashtra Protection of Interest of Depositors (In Financial Establishments) Act, 1999 [MPID Act].


It is the case of prosecution that, on 13/05/2019 one Sau. Prabha Balkrushna Kawale, aged about 50 years, R/o Rajendra Ward, Desaiganj, Dist. Gadchiroli lodged the report alleging therein that one Shabana Mohammad Sheikh @ Shifa Raj Mohammad Chaudhary, aged about 30 years, was residing at the house of Deorao Wankhede, Rajendra Ward, Desaiganj, since the year 2012. She was running a Beauty Parlor and she was also conducting classes for Beauty Parlor, stitching classes etc. It is alleged that Shabana was a telling the residents that, person depositing Rs. 1500/- with her would be given a stitching machine and/or other articles. She allegedly then represented that on payment of Rs. 7,000/-, she would arrange a motorcycle and one Tola gold and on payment of Rs. 50,000/-, she would arrange a four wheeler. A person depositing Rs. 60,000/- was promised house under the Gharkul Scheme. It is alleged that, Shabana also obtained loan from some people. It is alleged that accused 2 Nisar Mohammad and accused 3 Raj Mohammad Chaudhari, who is the husband of Shabana actively participated in the crime and all the three accused shared a common intention to cheat the women folk of the Desaiganj Town. The total amount which the gullible women folk paid to the accused is allegedly Rs. 1,41,67,000/- (Rupees One Crore Forty One Lacs Sixty Seven Thousand) and thereafter they fled Desaiganj.

Raj was in custody since 1-07-2020.While granting bail, Justice RB Deo observed,“Perusal of the material in the case diary does disclose a strong prima facie case to connect the applicant with the crime. However, detention cannot be a pre-trial punishment, particularly since the offence punishable under Section 420 entails maximum punishment of seven years imprisonment. The charge is not framed as yet and 150 witnesses are cited. In response to the specific query by the Court, the learned Additional Public Prosecutor Mr. Rode states that the prosecution is in no position to assure the Court that the number of witnesses will be curtailed or that the trial can be concluded within a specific period.”Adv Mir Nagman Ali appeared for Raj Chaudhari.