Shrikrishna Mishra vs The State Of Madhya Pradesh
2021 Latest Caselaw 2178 MP

                                                                        1                           MCRC-13710-2021
                                               The High Court Of Madhya Pradesh
                                                         MCRC-13710-2021
                                                     (SHRIKRISHNA MISHRA Vs THE STATE OF MADHYA PRADESH)


                                       Jabalpur, Dated : 08-06-2021
                                             Heard through Video Conferencing.

                                             Shri Amit Dubey, learned counsel for the applicant.
                                             Shri Puneet Shroti, PL for the respondent/State.

Shri Ajay Pratap Singh, learned counsel for the objector. Case dairy perused.

T his is the fourth bail application under Section 439 of Cr.P.C. Applicant Shrikrishna Mishra was arrested on 6/2/2016 in connection with Crime No.12/2015 registered at Police Station Dabhora, District Rewa for the offences punishable under Sections 409, 420, 467, 468, 471, 120-B and 34 of the IPC.

First application of the applicant was dismissed on merits by co- ordinate Bench of this Court vide order dated 3/3/2016 passed in M.Cr.C.No. 2907/2016 and second bail application was dismissed as withdrawn by this Court vide order dated 18/4/2017 passed in MCrC no. 20738/2016 and third

application was dismissed for want of prosecution vide order dated 25/3/2019 passed in MCrC No.6557/2018.

A s per prosecution case, the Joint Registrar, Cooperative Societies through a newspaper got the knowledge about a fraud amounting to Rs.11 Crores in District Cooperative Central Bank Rewa, Branch Dabhora, wherein huge amount of money was transferred to the accounts of various account holders from the Sundry account of the Bank. On that, enquiry was conducted by the bank officials. In the enquiry, it was found that total fraud which had taken place was to the tune of Rs.16,13,89,500/- and it was also found that Ramkrishna Mishra and Arun Pratap Singh, Branch Manager of District Cooperative Central Bank, Branch Dabhora in connivance with other Bank officials and applicant, who is the brother of co-accused Ramkrishna Signature Not Verified SAN Mishra and other co-accused persons transferred the amount from the Digitally signed by MONIKA CHOURASIA Date: 2021.06.08 16:44:23 IST 2 MCRC-13710-2021 Sundry account of bank to the account of applicant and other co-accused persons and thus embezzled the said amount. The specific allegation against the present applicant is that the applicant is the brother of co-accused Ram Krishan Mishra and the money was transferred from the Sundry account of the bank to the applicant's account, thereafter, that money was transferred in

other co-accused's accounts.

Learned counsel for the applicant submitted that the applicant is innocent and has falsely been implicated in the offence. The aforesaid account was opened without the signature of the present applicant. The applicant was not aware about the fact that the alleged amount was being deposited in his account. The applicant is in custody since 6/2/2016. The charge-sheet has been filed and the conclusion of trial will take time, hence it is prayed that the applicant be released on bail.

Learned counsel for the State as well as learned counsel for the o b jec to r opposed the prayer and submitted that principal accused Ramkrishna Mishra fraudulently withdrew the amount from the Sundry account of Cooperative Bank, Rewa and from that an amount of Rs.4,13,00,000/- was transferred by him in the applicant'™s account, which shows that the applicant was involved in the said crime. Even the Coordinate Bench of this Court rejected the bail applications of co-accused Smt. Anjani Mishra, Shri Krishna Mishra, vide orders dated 18.04.2017 and 03.03.2016, passed in M.Cr.Cs. No.18340/2016 and 2907/2016. So looking to the enormity of fraud and involvement of applicant in the crime, he should not be enlarged on bail.

Earlier one bail application of the applicant was dismissed on merits by co-ordinate Bench of this Court vide order dated 3/3/2016 passed in M.Cr.C.No. 2907/2016 and since then there is no change in the circumstances, except custody period.

Hon'ble Apex Court in the case of Rajesh Ranjan Yadav alias

Signature Not Verified SAN Pappu Yadav v. CBI Through its Director reported in (2007) 1 SCC 70

Digitally signed by MONIKA CHOURASIA Date: 2021.06.08 16:44:23 IST 3 MCRC-13710-2021 held that bail, can not be granted solely on the ground of long incarnation in jail and inability of accused to conduct the defence. Apex Court in the case of State of M.P. v. Kajad, (2001) 7 SCC 673 observed "It is true that successive bail applications are permissible under the changed circumstances. But without the change in the circumstances, the second application would be deemed to be seeking review of the earlier judgment which is not permissible under criminal law as has been held by this Court in Hari Singh Mann v. Harbhajan Singh Bajwa [(2001) 1 SCC 169 : 2001 SCC (Cri) 113] and various other judgments."

It is apparent that an amount of Rs 4,13,00,000/- was credited to the applicant'™s account from the Sundry account of the District Cooperative

Central Bank, Branch Dabhora. So, looking to the facts and circumstances of the case, enormity of fraud and involvement of applicant in the crime, this Court is not inclined to grant bail to the applicant.

Accordingly, M.Cr.C. is rejected.

(RAJEEV KUMAR DUBEY) JUDGE

m/-

Signature Not Verified SAN

Digitally signed by MONIKA CHOURASIA Date: 2021.06.08 16:44:23 IST