Chattisgarh High Court
Joginder Tyger vs State Of Chhattisgarh on 1 November, 2022
Author: Rajani Dubey
Bench: Rajani Dubey
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MCRC No. 7698 of 2022
Joginder Tyger, aged about 65 years, S/o Late Raghubir Singh,
R/o Fun Ville Dakala Road, Police Station Sadar, Distt. Patiala,
Punjab.
---- Applicant
In Jail
Versus
State Of Chhattisgarh Through Station House Officer, Police
Station Berla, Distt. Bemetara (CG)
---- Respondent
MCRC No. 7702 of 2022 Joginder Tyger, aged about 65 years, S/o Late Raghubir Singh, R/o Fun Ville Dakala Road, Police Station Sadar, Distt. Patiala, Punjab. Wrongly mentioned in order sheet as Jogindar Taiger, aged about 65 years, S/o Late Raghveer Singh, R/o Funvile Ekala Road Patiala Punjab.
---- Applicant In Jail Versus State Of Chhattisgarh Through Station House Officer, Police Station Manendragarh, Distt. Koriya (CG)
---- Respondent MCRC No. 7705 of 2022 Joginder Tyger, aged about 65 years, S/o Late Raghubir Singh, R/o Fun Ville Dakala Road, Police Station Sadar, Distt. Patiala, Punjab. Wrongly mentioned in order sheet as Jogindar Taiger, aged about 65 years, S/o Late Raghuveer Singh, R/o Fanbil Dakala Road Gram Kherajtta Police Station Sadar, District Patiala Punjab.
---- Applicant In Jail Versus State Of Chhattisgarh Through Station House Officer, Police Station Palari, Distt. Balodabazar-Bhatapara (CG)
---- Respondent MCRC No. 7706 of 2022 Joginder Tyger, aged about 65 years, S/o Late Raghubir Singh, R/o Fun Ville Dakala Road, Police Station Sadar, Distt. Patiala, Punjab.
---- Applicant In Jail Versus State Of Chhattisgarh Through Station House Officer, Police Station Kawardha, Distt. Kabirdham (CG)
---- Respondent MCRC No. 7708 of 2022 Joginder Tyger, aged about 65 years, S/o Late Raghubir Singh, R/o Fun Ville Dakala Road, Police Station Sadar, Distt. Patiala, Punjab.
---- Applicant In Jail Versus State Of Chhattisgarh Through Station House Officer, Police Station Kunda, Distt. Kabirdham (CG)
---- Respondent For Applicant : Dr. NK Shukla, Sr. Adv. with Mr. Arjit Tiwari, Advocate.
For Respondent/State : Mr. Raghvendra Verma, Dy. AG with Mr. Ayaz Naved, GA; Mr. Alok Nigam, GA and Mr. BP Banjare, Dy. GA Hon'ble Smt. Justice Rajani Dubey Order On Board 01/11/2022 Since all these first bail applications under Section 439 of CrPC for grant of regular bail have been preferred by the same applicant in relation to the similar offences, they are being disposed of by this common order. The particulars of the bail applications are as under:
S. MCRC No. Crime No. Police Station Offence under section(s) No.
01. 7698/2022 102/2017 Berla, Distt. Bemetara 420, 409, 120B, 34 of IPC;
(CG) 3 & 4 of Prize Chits and Money Circulation Scheme (Banning) Act and 10 of CG Protection of Depositors Interest Act. 02. 7702/2022 71/2016 Manendragarh, Distt. 406, 407, 420, 120B, 34 of IPC; 4 of Prize Chits and Koriya (CG) Money Circulation Scheme (Banning) Act and 6 & 10 of CG Protection of Depositors Interest Act. 03. 7705/2022 471/2016 Palari, Distt. 420, 34 of IPC, 3, 4, 5 & 6 Balodabazar- of Prize Chits and Money Bhatapara (CG) Circulation Scheme (Banning) Act and 10 of CG Protection of Depositors Interest Act. 04. 7706/2022 363/2015 Kawardha, Distt. 420, 406, 34 of IPC; 3, 4 & Kabirdham (CG) 5 of Prize Chits and Money Circulation Scheme (Banning) Act and 10 of CG Protection of Depositors Interest Act. 05. 7708/2022 185/2017 Kunda, Distt. 420, 406, 34 of IPC; 3, 4 & Kabirdham (CG) 5 of Prize Chits and Money Circulation Scheme (Banning) Act and 10 of CG Protection of Depositors Interest Act.
02. As per the prosecution case, the applicant, who was Director of a company namely PACL Company, in connivance with the other co-
accused persons, who were also Directors and Agents of the said company, induced the complainants and other persons of getting double the amount deposited in the said company after five years and in this way, got their huge amount deposited in the said company. However, even after the maturity period, no amount was paid to them and the accused persons having closed the company fled away.
03. Learned counsel for the applicant submits that the applicant is an innocent person and has been falsely implicated in the crime in question. The applicant was director of the said company from 5.9.2005 to 31.12.2008. During this period he had not attended any of the meetings of the Board of Directors and was not associated with any policy decision, transactions or monetary matters of PACL. The applicant worked only till 31.12.2008 and thereafter resigned from the said company whereas CG Protection of Depositors Interest Act, 2005 came into force w.e.f. 23.7.2015 and therefore, registration of the offence against the applicant is invalid. The applicant is 65 years old suffering from various ailments which is evident from the medical documents annexed with the bail applications as Annexure A/2. Similarly situated co-accused Anil Choudhary Legha has been granted bail by this Court in Crime Nos.471/2016, 363/2015 and 85/2017 vide orders dated 26.8.2022, 13.9.2022 and 29.8.2022 passed in MCRC No.6453/2022, 7157/2022 and 7359/2022 respectively. The applicant is in jail since 8.6.2022 & 17.6.2022; charge sheet has already been filed; there is no apprehension of his absconding or influencing the witnesses and that conclusion of the trial is likely to take some time. Therefore, the applicant may be released on bail.
04. On the other hand, learned counsel for the State vehemently oppose the bail applications.
05. I have heard learned counsel for the parties and perused the case diary.
06. Considering the facts and circumstances of the case, the detention period of the applicant; in particular the fact that similarly situated co-accused Anil Choudhary Legha has already been released on bail by this Court; charge sheet has already been filed and conclusion of the trial is likely to take some time, without commenting anything on merits of the case, I am inclined to release the applicant on bail. Accordingly, the bail applications are allowed.
07. It is directed that the applicant shall be released on bail on his executing for each of the crime numbers a personal bond for a sum of Rs.01 lac with one local surety of the like amount to the satisfaction of the trial Court for his appearance before the said Court as and when directed, till final disposal of the trial.
sd/ (Rajani Dubey) Judge Khan