Vijay Rahangdale vs The State Of Madhya Pradesh on 2 March, 2020

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Madhya Pradesh High Court

Vijay Rahangdale vs The State Of Madhya Pradesh on 2 March, 2020

This is fourth application under Section 439 Cr.P.C. Applicant Vijay Rahangdale was arrested on 13.01.2019 in Crime No.457/2018 registered at Police Station Mandla Kotwali, District-Mandla (M.P) for the offence punishable under Sections 420 and 409 and 120-B of the IPC and Sections 4,5 & 6 of the Prize Chits and Money Circulation Schemes Banning Act and Section 6(1) of the Madhya Pradesh Nikshepakon Ke Hiton Ka Sanrakshan Adhiniyam, 2000.

The first bail application of the applicant was dismissed on merit by the co-ordinate Bench o f this Court vid e order d ated 20/02/2019 passed in M.Cr.C.No.5973/2019. Second bail application of the applicant has also been dismissed on merit by this court vide order dated 10.05.2019 passed in M.Cr.C.No. 16460/2019 and third bail application of the applicant has been dismissed on merit vide order dated 14/1/2020 passed in MCrC no.44923/2019.

As per prosecution case, applicant and co-accused persons, who were the Directors, Managers of SPNJ Land Project and Developers India Limited thro ugh t heir employee/agent collected mo ney from innocent persons assuring them to give handsome returns after some time. However, they did not pay the money even after the maturity periods. On the other hand, they closed down the company and fled away and thus cheated t h e innocent people. T h e specific allegations against the applicant is that he was the Manager of the company and collected the money from innocent people, thus he was also involved in the crime with the other co-accused.

Learned counsel for the applicant submits that the applicant has not Digitally signed by MONIKA CHOURASIA Date: 03/03/2020 15:57:37 2 MCRC-8790-2020 committed any offence and has falsely been implicated in the offence. It is alleged that the applicant collected Rs.13,40,540/- from the innocent people. The applicant is ready to deposit Rs.7 lac from the said alleged amount. It is further submitted that the co-accused Prashant Nema has already been granted bail b y this Court subject to his depositing a sum of Rs.1.5 lac in fixed deposit in any nationalized bank and on depositing receipt of that F.D. before the concerned Court vide order dated 03.10.2019 passed in M.Cr.C. No.38759/2019. The case of the applicant is similar to the case of co-accused Prashant Nema, so applicant is also entitled to be released on bail o n the ground on parity. The applicant is in custody since 13.01.2019. Charge sheet has been filed and the conclusion of trial will take time, hence prayed for release of the applicant on bail.

Learned counsel f o r t h e respondent/State opposed t h e prayer and submitted t h a t applicant alo ng w it h o ther co-accused p ers o ns cheated innoc ent p ers o ns a n d embezzled t h e ir amo unt a n d earlier t h r e e bail applications o f the applicant were rejected o n merits. Since then, there has been no change in circumstances. So, he should not be released on bail.

Although, earlier three bail applications of the applicant were dismissed on merits by the coordinate Bench of this Court vide order dated 20.02.2019 passed in M.Cr.C.No.5973/2019 and by this court also vide order s dated 10.05.2019 and 14.1.2020 passed in M.Cr.C.Nos. 16460/2019 and MCrC no.44923/2019 but learned Government Advocate admitted that applicant had collected Rs.13,40,540/- out of the alleged amount and applicant is ready to deposit the said amount under protest.

So, looking to the facts and circumstances of the case and the fact that applicant is in custody since 13.01.2019, charge sheet has b een filed and conclusion o f trial will take time, without commenting o n the merits o f the case, the application is allowed and it is directed that the applicant be released on bail subject to his depositing a sum of Rs.7,00,000/- in fixed deposit in any nationalized bank and on depositing receipt of that F.D. before the Digitally signed by MONIKA CHOURASIA Date: 03/03/2020 15:57:37 3 MCRC-8790-2020 concerned Court and on furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with one surety in the like amount to the satisfaction of the concerned Court for his appearance before the trial Court on all such dates as may be fixed in this behalf by the trial Court during the pendency of trial.

This order will remain operative subject to compliance of the following conditions by the applicant :-

1.The applicant will comply with all the terms and conditions of the bond executed by him;

2.The applicant will cooperate in the trial;

3.The applicant will not indulge himself in extending inducement, threat o r promise t o any person acquainted with the fac t o f t h e c as e s o a s to dissuade him from disclosing such facts to the Court or to the Police Officer, as the case may be;

4.The applicant shall not commit an offence similar to the offence of which he is accused;

5.The applicant will not seek unnecessary adjournments during the trial; and

6. The applicant will not leave India without prior permission of the trial Court.

The amount s o deposited b y the applicant in fixed deposit, shall be subject to final outcome of the case.

C.C. on payment of usual charges.

(RAJEEV KUMAR DUBEY) JUDGE m/-

Digitally signed by MONIKA CHOURASIA Date: 03/03/2020 15:57:37

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