Madhya Pradesh High Court
Dilip Vyas vs The State Of Madhya Pradesh on 15 December, 2021
Author: Subodh Abhyankar
Bench: Subodh Abhyankar
1
MCRC No.53956/2021
High Court of Madhya Pradesh, Jabalpur
Bench at Indore
Miscellaneous Criminal Case No.53956/2021
(Dilip Vyas s/o Prahalad Vyas
Versus
The State of Madhya Pradesh)
Indore, Dated 15.12.2021
Shri Virendra Sharma, learned counsel for the applicant.
Shri Sameer Verma, learned Panel Lawyer for the respondent /
State of Madhya Pradesh.
Shri Gurumeet Singh Dang, learned counsel for the objector / ICICI Bank.
Shri R.S. Panwar, Assistant Sub Inspector of Police, Police Station, Nagda, District Ujjain (MP) is also present in person.
They are heard. Perused the case diary / challan papers. This is the applicant's second bail application under Section 439 of Criminal Procedure Code, 1973. He is implicated in connection with Crime No.64/2021 registered at Police Station Nagda, District Ujjain (MP) for offence punishable under Sections 420, 409, 467, 468, 471, 34, 109 and 120-B of Indian Penal Code, 1860 and also under Section 3 read with Section 4 of the Madhya Pradesh Nikshepakon Ke Hiton Ka Sanrakshan Adhiniyam, 2000. His earlier bail application Miscellaneous Criminal Case No.41007/2021 was dismissed as withdrawn by this Court vide order dated 07.09.2021 with liberty to renew the prayer after the material witnesses are examined.
2MCRC No.53956/2021
The applicant is in jail since 03.03.2021.
The allegation against the applicant is that he has duped the bank and the customers to the tune of rupees more than 1 crore fifty lakhs.
Counsel for the applicant has submitted that the charge sheet has already been filed and the prosecution has cited as many as 95 witnesses, but the trial has not yet commenced. Counsel has also submitted that all the other co-accused persons have already been granted bail by this Court.
Counsel has further submitted that the Police has not recovered an amount of Rs.15,75,779/- from the applicant, which amount which amount now the applicant is ready to deposit in installments. Counsel has further submitted that the applicant would be able to generate the amount within three months time but for that he needs to be out of the jail.
Counsel has also submitted that a liberty may be extended to the applicant to deposit the aforesaid amount in installments as in the case of other accused Shambhudayal. Thus, it is submitted that the applicant who is in jail since 03.03.2021, be released on bail, as the final conclusion of the trial is likely to take sufficiently long time.
Counsel for the objector as well as counsel for the respondent / State, on the other hand, has opposed the prayer.
Having considered the rival submissions and on perusal of the 3 MCRC No.53956/2021 case diary, although the applicant appears to be the main accused, however, all the other accused persons have already been granted bail on their depositing certain amount which appears to have been defalcated by them and as per the case diary, a sum of Rs.15,75,779/- is said to have been not recovered from the applicant and since the aforesaid amount belongs to the poor farmers, it is necessary to ensure the protection of the farmers' interest. And in such circumstances, considering the fact that as many as 95 witnesses are to be examined and the trial is yet to commence, the present application can also be allowed.
In view of the same, this Court finds it expedient to allow the application, subject to the applicant's depositing a sum of Rs.15,75,779/- (rupees fifteen lakhs seventy five thousand seven hundred seventy nine only) in three installments, as provided hereinafter, after his release from jail within a period of three months.
Accordingly, without adverting to the merits of the case, the application filed by the applicant is hereby allowed, subject to his depositing a sum of Rs.5,00,000/- (rupees five lakhs only) in a fixed deposit in a nationalized bank and producing the receipt / certificate of the same before the concerned trial Court , as the first installment, before he shall be released on bail. The applicant is directed to be released on bail upon furnishing a personal bond in the sum of 4 MCRC No.53956/2021 Rs.1,00,000/- (rupees one lakh) with one solvent surety of the like amount to the satisfaction of the trial Court for his / her regular appearance before the trial Court during trial with a condition that he / she shall remain present before the court concerned during trial and shall also abide by the conditions enumerated under Section 437 (3) Criminal Procedure Code, 1973.
So far as the rest of the amount of Rs.10,75,779/- (rupees ten lakh seventy five thousand seven hundred seventy nine only) is concerned, the same would be deposited in installments. The second installment shall be of Rs.5,00,000/- (rupees five lakhs) and last installment of Rs.5,75,779/- (rupees five lakhs seventy five thousand seven hundred seventy nine only) shall be paid in the manner provided herein below: -
Installment Amount Remark
First Rs.5,00,000/- Pre-condition
Second Rs.5,00,000/- Last week of January, 2022
Third Rs.5,75,779/- Last week of February, 2022
Rs.15,75,779/- TOTAL AMOUNT
This bail order shall be subject to furnishing an undertaking that the applicant will deposit a sum of Rs.15,75,779/- (rupees fifteen lakhs seventy five thousand seven hundred seventy nine only) in installments, as aforesaid, after his release from jail within a period of two months, in a fixed deposit in a nationalized bank and will produce the receipt / certificate of the same before the concerned 5 MCRC No.53956/2021 trial Court. The deposit receipt/certificate so produced by the applicant shall be endorsed by the learned Judge of the lower Court to be, 'furnished towards the bail of the applicant and shall be subject to the final decision of the case by the trial Court'.
It is also observed that if the applicant is found in any of the criminal activities, after his release on bail, then the present bail order shall stand cancelled without further reference to this Court; and the State / prosecution will be free to arrest the accused in the present case also.
In the event of violation of conditions, prosecution / State is free to apply for cancellation of bail.
This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.
Certified copy as per rules.
(Subodh Abhyankar) Judge Pithawe RC RAMESH CHANDRA PITHWE 2021.12.18 16:37:23 +05'30'