Madhya Pradesh High Court
Mukesh Singh Baghel vs The State Of Madhya Pradesh on 15 June, 2021
Author: Rajeev Kumar Dubey
1 MCRC-44804-2020
The High Court Of Madhya Pradesh
MCRC-44804-2020
(MUKESH SINGH BAGHEL Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 15-06-2021
Heard through Video Conferencing.
Shri Anil Kumar Dwivedi, counsel for the applicant.
Shri Ajay Tamrakar, Panel Lawyer for the respondent/State.
Case dairy perused and argument heard.
This is Third application of the applicant Mukesh Singh Baghel filed under section 439
Cr.P.C. for grant of bail, who has been arrested on 24.10.2016 in connection with Crime
No.77/2016 registered at Police Station Mandla, District Mandla for the offence punishable
under Sections 420, 437, 409, 120-B of IPC.
The first bail application filed by applicant was dismissed on merit by this Court vide
order dated 01/04/2019 passed in M.Cr.C.No.10780/2019 and second bail application was
dismissed as withdrawn vide order dated 28/11/2019 passed in M.Cr.C.No.33108/2019.
A s per the prosecution case, applicant and other co-accused persons allured the
innocent persons of doubling their amount within a certain period and on that pretext, they
collected huge amount from them in the name of BPN Group of company. Thereafter they did
not pay the money even after the maturity period and closed their office. It is alleged that
applicant and other co-accused persons embezzled the amount of Rs.3 crores.
Learned counsel for the applicant submits that applicant has not committed any offence
and has falsely been implicated in the offence. The applicant is the resident of District Bhind
while accused Mukesh son of Pejram is resident of Gwalior. Police falsely implicated the
applicant in the crime, in place of Mukesh, Son of Pejram. The applicant is in custody since
24.10.2016 and the trial is still pending, hence prayed for release of the applicant on bail.
Learned counsel for the State opposed the prayer and submitted that the first bail
application filed by applicant was dismissed on merit and thereafter there is no change in
circumstance, so he should not be released on bail.
The first bail application filed by applicant was dismissed on merit by this Court vide
order dated 01/04/2019 passed in M.Cr.C.No.10780/2019 and second bail application was
dismissed as withdrawn vide order dated 28/11/2019 passed in M.Cr.C.No.33108/2019,
thereafter there is no change in circumstance except custody period of the applicant. Hon'ble
Apex Court in the case of Rajesh Ranjan Yadav alias Pappu Yadav v. CBI Through its
Director, (2007) 1 SCC 70 held that bail, cannot 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
Signature Not Verified
SAN
State of M.P. v. Kajad, (2001) 7 SCC 673 observed "It is true that successive bail
Digitally signed by ASHISH KUMAR
LILHARE
Date: 2021.06.15 16:49:31 IST
2 MCRC-44804-2020
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 alleged that applicant in connivance with other co-accused persons collected a sum
of around Rs.3 crores from the innocent persons and embezzled that amount, so looking to the
enormity of fraud, this Court is not inclined to grant bail to the applicant.
Accordingly, M.Cr.C. is dismissed.
However, it is also appears from the record, the applicant is in custody since
24.10.2016 and trial is still pending so it is expected from the trial Court to dispose of the case
as early as possible.
Office is directed to send a copy of this order to the concerned trial Court for necessary
compliance.
(RAJEEV KUMAR DUBEY)
JUDGE
ashish
Signature Not Verified
SAN
Digitally signed by ASHISH KUMAR
LILHARE
Date: 2021.06.15 16:49:31 IST
