Madhya Pradesh High Court
Rajesh Parwani vs The State Of Madhya Pradesh on 2 July, 2024
Author: Vishal Dhagat
Bench: Vishal Dhagat
1 MCRC-23516-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VISHAL DHAGAT
ON THE 2 nd OF JULY, 2024
MISC. CRIMINAL CASE No. 23598 of 2024
(KRISHNA KUMAR VERMA
Vs
THE STATE OF MADHYA PRADESH)
Appearance:
(BY SHRI MANISH DATT - SENIOR ADVOCATE WITH SHRI N.P. VARMA -
ADVOCATE)
(BY SHRI NARENDRA CHOURASIYA - GOVT. ADVOCATE FOR THE
STATE)
MISC. CRIMINAL CASE No. 23516 of 2024
(RAJESH PARWANI
Vs
THE STATE OF MADHYA PRADESH)
Appearance:
(BY SHRI ATUL JESWANI - ADVOCATE FOR APPLICANT)
(BY SHRI NARENDRA CHOURASIYA - GOVT. ADVOCATE FOR THE
STATE)
MISC. CRIMINAL CASE No. 23595 of 2024
(DILIP MEGHANI
Vs
THE STATE OF MADHYA PRADESH)
Appearance:
(NONE)
(BY SHRI NARENDRA CHOURASIYA - GOVT. ADVOCATE FOR THE
STATE)
ORDER
These are the first bail applications filed on behalf of the applicants under Section 483 of the Bhartiya Nagrik Surksha Sanhita, 2023 for grant of regular bail relating to FIR No. 135/2024, registered at Police Station-Saman, District Rewa (M.P.) for the offences punishable under Sections 419 and 420 of IPC, Section 3/4 of Public Gambling Act and Section 34(1) of M.P. Excise Act.
Signature Not Verified Signed by: PANKAJ NAGLE Signing time: 7/2/2024 6:04:05 PM2 MCRC-23516-2024 2 . Learned Senior Counsel appearing for the applicants submitted that there is no inducement by applicants on basis of which immovable property or money or any valuable has been transferred to applicants. It is submitted that Shivam Gupta has himself come for betting and has lost his money in betting games. Offence under Section 420 of IPC will not be made out. It is further submitted that offence under Section 3 and 4 are punishable upto 1 years of imprisonment. Custodial investigation of applicants is over and they are in jail. In these circumstances, applicants be released on bail.
3. Learned Government Advocate appearing for the State opposed the application for grant of bail. It is submitted that applicants were using SIM cards, which were issued in name of other persons, therefore, they have committed offence of forgery under Section 467 of IPC. Applicant Rajesh is also having criminal record of 3 cases, whereas Dilip is having one criminal recrod. In these circumstances, applicants may not be released on bail.
4. Heard the counsel for the parties.
5. No valuable security has been forged by applicants. 6 . Considering aforesaid circumstances and nature of offence under Section 3/4 of Public Gambling Act, bail applications filed by applicants are allowed on conditions that applicants Rajesh and Dilip will mark their presence before local police station on 1st of every month till completion of trial.
7. It is directed that the applicants shall be released on bail on furnishing personal bond in the sum of Rs.1,00,000/- (Rupees One Lac Only) with two solvent sureties in the like amount to the satisfaction of the trial Court concerned for their regular appearance before Court on all such dates as may Signature Not Verified be fixed in this regard during pendency of trial.
Signed by: PANKAJ NAGLE Signing time: 7/2/2024 6:04:05 PM3 MCRC-23516-2024
8. The applicants shall also abide by the following conditions of Section 480(3) of B.N.S.S. as under:-
(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter;
(b) that such person shall not commit any offence similar to the offence of which they are accused, or suspected of the commission of which he is suspected and;
(c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
Certified copy as per rules.
(VISHAL DHAGAT) JUDGE pn Signature Not Verified Signed by: PANKAJ NAGLE Signing time: 7/2/2024 6:04:05 PM