If No mean and money to goto Supreme Court
The Madhya Pradesh High Court has ordered the release of a petitioner’s father, who had been imprisoned for nearly a year without substantial evidence linking him to the charges under the IPC for being the director of a company which had been accused of financial fraud.
The court discussed that the petitioner could have either availed the remedy under 226 or approached the Supreme Court but due to belonging to the lower strata of society, he had no finances to approach the Apex Court
The court stated: “The undisputed fact is that only the father of the petitioner has been made a scapegoat. It is shocking that except for the father of the petitioner, no one else has been arrested so far.”
The petition, filed by Jibrakhan Lal Sahu’s daughter, Kusum Sahu, sought relief under Article 226 of the Constitution, challenging multiple previous bail rejections. Petitioner’s father was accused of misappropriating Rs. 1.98 lakh from various investors in connection with the company.
He was charged under Sections 420 and 409 of the Indian Penal Code. However, as per the petitioner, her father neither held the position of Director nor Managing Director in the company and had not collected any money from complainants.
The Court ordered the immediate release of the petitioner’s father from Central Jail, Bhopal, on furnishing a personal bond of Rs. 5,000 and one surety of the same amount satisfactory to the trial court.
Furthermore, the Court ordered that the Superintendent of Police personally monitor the interrogation of the actual directors and managing director of Suvidha Land Developers India Pvt. Ltd., “In the interest of justice and to save the interest of the investors, we hereby direct the concerned Police Station to interrogate the Directors and Managing Director of the Company.”