Madhya Pradesh High Court
Bherulal vs The State Of Madhya Pradesh on 11 July, 2018
HIGH COURT OF MADHYA PRADESH : INDORE BENCH
M.Cr.C. No.23815/2018
(Bherulal v. State of M.P.)
&
M.Cr.C. No.23822/2018
(Goverdhanlal v. State of M.P.)
Indore dated:11/07/2018
Shri Akash Yadav, learned counsel for the applicants.
Shri Abhinav Malhotra, learned Public Prosecutor for the
non-applicant/State.
Heard. Case diary perused.
This is fourth - repeat application under Section 439 of
Cr.P.C. for grant of bail. Applicants - Bherulal and
Goverdhanlal are implicated in connection with Crime No.81/17
registered at Police Station - Nagda, District - Ujjain for offence
punishable under Sections 420, 467, 468, 409 and 120-B and
under Sections 3/6 of M.P. Nichhepako Ke Hiton Ka Anrakshan
Adhiniyam, 2000. They are in custody since 4/07/2017.
Their earlier applications were dismissed on merit vide order
dated 26/03/2018, passed in M.Cr.C.
No.10435/2018(Goverdhanlal v. State of M.P.) and M.Cr.C.
No.10488/2018(Bherulal v. State of M.P.). Order dated
26/03/2018reads as under :-
26.03.2018 They are heard.
Applicants Goverdhanlal and Bherulal have filed third / repeat application under Section 439 of Criminal Procedure Code, 1973 for grant of bail, who are implicated in connection with Crime No.81/2017 registered 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 Hiton Ka Sanrakshan Adhiniyam, 2000.
The applicants are in custody since 04.07.2017. HIGH COURT OF MADHYA PRADESH : INDORE BENCH M.Cr.C. No.23815/2018 (Bherulal v. State of M.P.) & M.Cr.C. No.23822/2018 (Goverdhanlal v. State of M.P.) 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 custody 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 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 HIGH COURT OF MADHYA PRADESH : INDORE BENCH M.Cr.C. No.23815/2018 (Bherulal v. State of M.P.) & M.Cr.C. No.23822/2018 (Goverdhanlal v. State of M.P.) 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 available in the case diary, no case for grant of bail nor there is any change in the circumstances to consider these repeat bail applications, 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 27.09.2017 and 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- accused Heeralal s/o Kanhaiyalal Vaishnav, as Shri Ajay Bagadia, learned counsel, who was also appearing for applicant Heeralal in Miscellaneous Criminal Case 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 Miscellaneous Criminal Case No.7055/2018.
On due consideration of the aforesaid, and the material 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 parity 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.
HIGH COURT OF MADHYA PRADESH : INDORE BENCH M.Cr.C. No.23815/2018 (Bherulal v. State of M.P.) & M.Cr.C. No.23822/2018 (Goverdhanlal v. State of M.P.) On due consideration of the aforesaid, there is no change in the circumstances to consider both these repeat bail applications. No case for grant of bail, as prayed by the applicants is made out.
M.Cr.C. No.23815/2018 and M.Cr.C. No.23822/2018 filed by the applicants have no merit and are, accordingly, dismissed.
(P.K. Jaiswal) Judge pn Preetha Nair 2018.07.12 11:35:21 +05'30'