Madhya Pradesh High Court
Bherulal vs The State Of Madhya Pradesh on 26 March, 2018
1
ANNEXURE-C
High Court of Madhya Pradesh, Jabalpur
Bench at Indore, Indore
CONTINUATION ORDER SHEET
Miscellaneous Criminal Case No.10435/2018
(Goverdhanlal s/o Nanuram Panchal
Versus
The State of Madhya Pradesh)
Miscellaneous Criminal Case No.10488/2018
(Bherulal s/o Madanlal Panchal
Versus
The State of Madhya Pradesh)
Indore, dated 26.03.2018
Shri Ajay Bagadia, learned counsel for applicant
Goverdhanlal s/o Nanuram Panchal in Miscellaneous
Criminal Case No.10435/2018.
Shri Anil Ojha, learned counsel for applicant
Bherulal s/o Madanlal Panchal in Miscellaneous
Criminal Case No.10488/2018.
Shri Suraj Sharma, learned Public Prosecutor for
the non-applicant / State of Madhya Pradesh.
They are heard.
Applicants Goverdhanlal and Bherulal have filed
third / repeat application under Section 439 of Crimi-
nal Procedure Code, 1973 for grant of bail, who are im-
plicated in connection with Crime No.81/2017 regis-
tered at Police Station, Nagda, District Ujjain (MP) for
offence punishable under Sections 420, 467, 468 and
120-B of the Indian Penal Code, 1860; and also under
Section 3/6 of the Madhya Pradesh Nichhepako Ke Hi-
ton Ka Sanrakshan Adhiniyam, 2000.
2
The applicants are in custody since 04.07.2017.
By common order dated 07.11.2017 their second
application (Miscellaneous Criminal Case
No.17303/2017 and Miscellaneous Criminal Case
No.17295/2017) has been dismissed on merit, which
reads, as under: -
"2. Both are second repeat applications under Section 439
of Cr.P.C. for grant of bail filed by the applicants - Bherulal
Panchal S/o Madanalalji Panchal and Goverdhanlal Panchal S/o
Nanuramji Panchal respectively, who are implicated in Crime
No.81/2017 registered at Police Station Nagda, District Ujjain
for the offence punishable under Sections 420, 467, 468, 409
and 120-B of the IPC and Section 3/6 of the M.P. Nikshepakon
Ke Hiton Ka Sanrakshan Adhiniyam, 2000 and they are in cus-
tody since 04.07.2017 .
3. After arguing at length, their first bail application was
dismissed as withdrawn vide order dated 22.08.2017 passed in
M.Cr.C. No.8055/2017.
4. Learned Senior Counsel for the applicants submit that
applicants have also invested their money in the Term Deposit
Scheme floated by B. N. Gold Real Estate and BNG Global
India companies and they have also been cheated by the
companies and not paid the amount.
5. After investigation, charge sheet has been filed.
Applicants are in custody since 04.07.2017 and in identical
circumstances, application for grant of bail of co-accused
Prakash Rathore has been allowed vide order dated 27.09.2017
passed in M.Cr.C. No.8288/2017 and prays that these
applications for grant of bail be allowed and they be released
on bail.
6. Per contra, learned Public Prosecutor has drawn my
attention to the police statement of Rani, Dwarkabai and other
victims and submits that at their instance, booklets and
certificates has been seized from the present applicants and
applicants are receiving money from the investors of behalf of
3
B. N. Gold Real Estate and BNG Global India companies and
they have promised for high returns to the investors but not a
single penny has been paid to them. Laxminarayan, Narmada
Chouhan, Manaklal Chouhan and Raghuvir Singh Chouhan in
their statement very categorically stated that they paid money
to the present applicants and assurance has been given by them
that they will get good return but no amount was paid to them.
7. As per affidavit of the Investigating Officer, present
applicants are the main accused persons.
8. Considering the aforesaid and material evidence avail-
able in the case diary, no case for grant of bail nor there is any
change in the circumstances to consider these repeat bail appli-
cations, on the ground of parity with co-accused Prakash
Rathore, as prayed is made out. M.Cr.C. No.17295/2017 and
M.Cr.C. No.17303/2017 are accordingly, dismissed."
These repeat applications have been filed on the
ground of parity with co-accused Prakash s/o Shantilal
Rathore and Heeralal s/o Kanhaiyalal Vaishnav, whose
bail applications (Miscellaneous Criminal Case
No.8288/2017 and Miscellaneous Criminal Case
No.7055/2018) have been allowed by order dated
27.09.2017and 28.02.2018 respectively.
At the time of consideration of their second bail applications, the ground of parity with co-accused Prakash Rathore was considered by this Court. The present applicants are not having any parity with co-ac- cused Heeralal s/o Kanhaiyalal Vaishnav, as Shri Ajay Bagadia, learned counsel, who was also appearing for applicant Heeralal in Miscellaneous Criminal Case 4 No.7055/2018 at the time of arguments on 28.02.2018, has very categorically stated that case of Prakash was different from Goverdhanlal & Bherulal and he was having parity with Prakash, and therefore, considering the aforesaid, this Court allowed the prayer for grant of applicant Heeralal s/o Kanhaiyalal Vaishnav in Miscel- laneous Criminal Case No.7055/2018.
On due consideration of the aforesaid, and the ma- terial evidence available in the case diary, so also the fact that their second bail applications were dismissed by order dated 07.11.2017; they are not having any pari- ty with co-accused persons namely Prakash Rathore and Heeralal Vaishnav; nor there is any change in the circumstances to consider these repeat applications.
Accordingly, Miscellaneous Criminal Case No.10435/2018 and Miscellaneous Criminal Case No.10488/2018 are dismissed.
(P.K. Jaiswal) Judge Pithawe RC Digitally signed by Ramesh Chandra Pithwe Date: 2018.03.26 17:15:52 +05'30'