Smt. Girja Devi Tiwari vs The State Of Madhya Pradesh
2021 Latest Caselaw 3424 MP

                                                                                   1              M.Cr.C.No.51599 of 2020

                                                   HIGH COURT OF MADHYA PRADESH
                                                        PRINCIPAL SEAT AT JABALPUR

                                 Single Bench :        Hon'ble Shri Rajeev Kumar Dubey, J.

                                                        Misc. Criminal Case No.51599/2020


                                                           Smt. Girja Devi Tiwari & Others
                                                                             Vs.

                                                                   State of M.P. & Anr.

                                 --------------------------------------------------------------------------------------------

                                 Shri Prashant Singh, learned Senior Counsel with Shri Rakesh Kumar
                                 Shukla, counsel for the applicant.
                                 Shri Rajeshwar Rao, learned GA for the respondent/EOW.

                                 --------------------------------------------------------------------------------------------

                                                                        ORDER

Reserved on : 15.07.2020 Delivered on : 19.07.2021

This is the first application filed by applicants under Section 438 of

Cr.P.C. for grant of anticipatory bail. The applicants Smt. Girja Devi Tiwari

and Smt. Preeti Tiwari apprehends their arrest in connection with Crime

No.20/2018, registered at P.S. Economic Offence Wing, Distt. Jabalpur (MP)

for the offence punishable under Section 120-B of IPC and Sections 13(1)

(E), 13(2) of Prevention of Corruption Act.

2. As per the prosecution case, complainant Ram Naresh Sharma lodged

a written complaint before I.G. Economic Offences Head Quarter, Bhopal

averring that co-accused Kodu Prasad Tiwari, who had retired from the post

of Superintendent Engineer, Water Resources Department, Seoni w hile Signature Not Verified SAN posted and functioning as public servant committed corruption and Digitally signed by MANOJ NAIR Date: 2021.07.20 17:30:24 IST

procured unaccounted property. Officials of, Economic Offences Wing,

Jabalpur inquired the complaint and collected the information regarding the

properties procured by the co-accused Kodu Prasad Tiwari and found that

co-accused Kodu Prasad Tiwari was posted in M.P. Water Resources

Department from 05/02/1980 to 31/12/2011 and during the check period

01/01/2005 to 01/12/2011 his total income from salary was Rs.30,95,697/-

and before the check period his total income from salary was Rs.20,90,607/-

and income from agriculture was Rs.4,20,200/- and Out of that amount,

when 55% are deducted as the amount spent by him on himself and his

family, his savings should be around Rs. 29,62,897/-, while during the check

period co-accused Kodu Prasad had invested a sum of Rs.2,25,56,679/- in

purchasing immovable properties. On that Economic Offences Wing,

Jabalpur registered Crime No.20/2018, for the offence punishable under

Section 120-B of IPC and Section 13(1)(E), 13(2) of Prevention of

Corruption Act against the applicants and co-accused Kodu Prasad Tiwari

and Rakesh Tiwari and investigated the matter. During the investigation,

officials of, Economic Offences Wing, Jabalpur also searched the residence

of co-accused Kodu Prasad Tiwari located at Jabalpur and Satna and the

bank lockers owned by him in his name and the name of his family members

and also collected the information regarding his bank balance and other

investment and found that co-accused Kodu Prasad Tiwari had purchased

land worth of Rs. 5,56,79,707/- in the name of her wife, applicant Smt Girja

Devi and other family members and Rs. 1,50,84,826/- have been deposited

into the bank accounts of his family members and invested in Insurence

policies. An amount of around Rs.230000/- lakhs cash was recovered from

his houses and petrol pump owned by him in the name of his wife applicant

no.1 Smt. Girja Devi. more than 3 kg Gold in the form of gold biscuits and

jewellery and silver coins and jewellery worth around Rs. 88 Lakhs have Signature Not Verified SAN

also been recovered from his houses and bank lockers. Four Cars, one Digitally signed by MANOJ NAIR Date: 2021.07.20 17:30:24 IST

tractor, one tanker worth Rs.46,10,000/- were also seized from his houses

located at Jabalpur and Satna. Co-accused Kodu Prasad Tiwari during the

period from 01/01/2005 to 01/12/2011 while he was posted in the M.P.

Water Resource Department in the capacity of public servant intentionally

enriched himself illicitly by way of amassing pecuniary resources and

procured property worth more than Rs.7 crores in his name and in the name

of his family members, which are disproportionate to his known sources of

income to which he cannot satisfactorily account for and applicants are also

involved in the crime.

3. Learned counsel for the applicants submits that the applicants are

innocent and have falsely been implicated in the crime. It is further

submitted that earlier also the officials of Economic Offence Wing had

registered crime no.03/1998 for the offence punishable under Section 13(1)

(E) and 13(2) of Prevention of Corruption Act against the co-accused Kodu

Prasad Tiwari, but later on they had filed closure report in the crime and

thereafter again malafidely registered this case 7 years after his retirement

from service. Co-accused Kodu Prasad also has agriculture land and other

property, from which he had income. He had given the information to his

department at the time of purchase of each property as per rules. Applicant

No.1 has income from agriculture land and petrol pumps etc. She has

regularly filed her income tax return in which she showed her income.

Applicant no.2 also teaches students and also runs a beauty parlour from

which she has income and she also files income tax return every year, in

which she shows her income. Officials of EOW falsely registered the case of

disproportionate property against the applicants. The applicants are ladies

and they are ready to cooperate in the trial. Under these circumstances,

learned counsel for the applicants prays for grant of anticipatory bail. In this

regard learned counsel of the applicants also placed reliance upon the Signature Not Verified SAN

judgment of this court passed in the case of Rajesh Chutani vs Union of Digitally signed by MANOJ NAIR Date: 2021.07.20 17:30:24 IST

India (MCRC No. 4623/2020) and judgments of coordinate benches of this

court passed in the cases of Smt. Anuradha Upadhyay Vs State of MP

passed in (MCRC 42914/2020 dated 23/ 11/ 2020), Suresh Upadhyay Vs

State of MP passed in (MCRC No. 48343 /2020 dated 10/12/2020) and

Pushpendra Singh Vs Union of India passed in (MCRC 6644/ 2020 dated

07/07/ 2020).

4. Learned counsel for the State opposed the prayer and submitted that

during investigation of the Crime No.03/1998 earlier registered against the

co-accused Kodu Prasad, he took the plea that some of the agriculture land

belonged to his father due to which officials of EOW had filed closure report

in the crime but after the filing the closure report in the earlier crime by the

officials of EOW, Kodu Prasad filed a civil suit against his father, for

declaring him owner of that land which shows that co-accused Kodu Prasad,

got a closure report in that crime by giving false information. During the

total tenure of the service from 05/02/1980 to 31/12/2011 co-accused Kodu

Prasad's total income from salary was around Rs.57 lakhs and income from

agriculture was Rs.4,20,200/- while he owned movable and immovable

property worth of Rs, 7 crore. Many of the properties that co-accused Kodu

Prasad acquired during the period of his service are in the name of applicant

No.1, including petrol pumps, agricultural land etc. Officials of EOW also

seized huge amounts of cash and jewellery from her possession. Officials of

EOW also found that co-accused Kodu Prasad had acquired the agricultural

land in the name of applicant no.2 who is the daughter in law of co-accused

Kodu Prasad. Officials of EOW also found an unaccounted cash amount in

her bank account and some jewellery in her possession which shows the

involvement of applicant nos.1 & 2 in the said crime with Kodu Prasad. He

further submitted that the documents filed by the applicant no.1 regarding

selling of agriculture produce were also found forged. Investigation of the Signature Not Verified SAN

crime is on, so applicants should not be released on anticipatory bail. Digitally signed by MANOJ NAIR Date: 2021.07.20 17:30:24 IST

5. In the above-mentioned bail orders, this court and other Coordinate

Benches of this Court have not laid down any guideline regarding granting

anticipatory bail. In fact, the respective Courts have granted bail to the

accused persons considering the peculiar facts and circumstances of those

cases. So, on the basis of those orders, the applicants are not entitled to get

anticipatory bail in this case on the basis of parity.

6. On the other hand from the judgment of the Apex Court passed in the

case of Nimmagadda Prasad Vs C.B.I. reported in (2013) 7 SCC 466, it is

clear that the economic offences are considered grave offences as it affects

the economy of the country as a whole and such offences having deep-

rooted conspiracy and involving huge loss of public funds are to be viewed

seriously. The economic offence is committed with cool calculation and

deliberate design solely with an eye on personal profit regardless of the

consequence to the community. In such types of offences, while granting

bail, the Court has to keep in mind, inter alia, the larger interest of the public

and State. The nature and seriousness of an economic offence and its impact

on society are always important considerations in such a case.

7. It is alleged that co-accused Kodu Prasad Tiwari had purchased land

worth of Rs. 5,56,79,707/- in his name and the name of his wife, applicant

no.1 Smt Girja Devi, his daughter in law applicant no.2 Smt. Preeti Tiwari

and other family members and Rs. 1,50,84,826/- have been found deposited

into the bank accounts of applicants and other family members of co-

accused Kodu Prasad including applicants and invested in Insurance

policies. An amount around Rs.2,30,000/- lakhs cash was recovered from his

houses and one petrol pump owned by him in the name of his wife applicant

no.1 Smt. Girja Devi, more than 3 kg Gold in the form of jewellery and gold

biscuits and silver coins and jewellery worth around Rs. 88 Lakhs has also

been recovered from his houses and bank lockers. Four Cars, one tractor, Signature Not Verified SAN

one tanker worth Rs.46,10,000/- were also seized from his houses located at Digitally signed by MANOJ NAIR Date: 2021.07.20 17:30:24 IST

Jabalpur and Satna. Co-accused Kodu Prasad Tiwari had procured property

worth more than Rs.7 crore in his name and in the name of his family

members including applicants, which are disproportionate to his known

sources of income to which he cannot satisfactorily account for and

applicants are also involved in the crime. In this regard, investigation is

going on, so looking to the facts and circumstances of the case and the

gravity of offence, this Court is not inclined to grant anticipatory bail to

the applicants.

Hence, the application is dismissed.

(Rajeev Kumar Dubey) Judge

mn

Signature Not Verified SAN

Digitally signed by MANOJ NAIR Date: 2021.07.20 17:30:24 IST