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by Admin
07 May 2024 2:49 AM
In a significant legal development, the Supreme Court of India has granted bail to Mohammed Ali Usmani in a criminal case that arose from a civil dispute. The judgment, delivered on September 27, 2023, by a bench comprising HON'BLE MR. JUSTICE SURYA KANT and HON'BLE MR. JUSTICE DIPANKAR DATTA, emphasized the prima facie civil nature of the dispute and the period of custody undergone by the petitioner.
Usmani had sought regular bail in FIR No. 51 of 2020, which alleged offenses under Sections 384, 420, 467, 468, 471, 201, 448, and 120-B of the Indian Penal Code, 1860. The dispute originated from a construction agreement involving Horizon Projects Indore Private Limited, where Usmani claimed that he was threatened by the complainant for taking possession of certain flats.
The court noted that the crux of the dispute lay in the civil realm and not within the ambit of criminal law. While the petitioner had been in custody since July 21, 2021, and the trial had commenced with eight witnesses already examined, the court did not express any views on the merits of the case. Instead, considering the extended period of custody and the anticipated duration of the trial, the petitioner was granted bail, subject to the satisfaction of the Trial Court.
The decision was succinctly summarized in the judgment, stating, "Having regard to the period of custody undergone by the petitioner and the fact that the conclusion of trial will take some time, but without expressing any views on merits, the petitioner is directed to be released on bail subject to his furnishing bail bonds to the satisfaction of the Trial Court."
The special leave petition was thus disposed of, and all pending applications were also addressed.
This judgment highlights the importance of distinguishing between civil and criminal disputes and ensuring that individuals are not unduly detained in cases where the dispute is primarily civil in nature.
Date of Decision: 27-09-2023
MOHAMMED ALI USMANI vs STATE OF MADHYA PRADESH
