Sandeep Singh vs The State Of Madhya Pradesh
2022 Latest Caselaw 2189 MP

                                                                      1
                                       IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
                                                                    BEFORE
                                                   HON'BLE SHRI JUSTICE RAJEEV KUMAR DUBEY
                                                           ON THE 17th OF FEBRUARY, 2022

                                                   MISC. CRIMINAL CASE No. 3906 of 2022

                                           Between:-
                                           SANDEEP SINGH S/O SHAMSHER SINGH , AGED
                                           ABOUT 40 YEARS, OCCUPATION: UNEMPLOYED
                                           R/O VILLAGE DABHORA POLICE STATION
                                           DABHORA, TEHSIL DABHORA, DISTRICT- REWA
                                           M.P. (MADHYA PRADESH)

                                                                                                       .....APPLICANT
                                           (BY SHRI SHESHRAJ KUSHWAHA, LEARNED COUNSEL FOR THE
                                           APPLICANT )

                                           AND

                                           THE STATE OF MADHYA PRADESH THORUGH
                                           POLICE STATION M.P. STF BHOPAL DISTRICT-
                                           BHOPAL M.P. (MADHYA PRADESH)

                                                                                                    .....RESPONDENTS
                                           (BY SHRI PRADEEP DWIVEDI, LEARNED P.L. FOR THE
                                           RESPONDENT / STATE
                                           SHRI AJAY PRATAP SINGH, LEARNED COUNSEL FOR THE
                                           OBJECTOR

                                         This M.Cr.C. coming on for admission this day, the court passed the
                                   following:
                                                                       ORDER

Case dairy perused.

This is the fifth bail application under Section 439 of Cr.P.C. Applicant Sandeep Singh was arrested on 2/1/2017 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, 34 and 120 of the IPC.

The first, second and fourth bail applications of the applicant were dismissed on merits by this Court vide orders dated 25/03/2019, 8/7/2019, 08/06/2021 passed in M.Cr.C.Nos.5540/2018, 20235/2019 and M.Cr.C. No. 19667/2021 and third bail application was dismissed as withdrawn by this Court vide order dated 5/4/2021 passed in MCrC No.48152/2020.

As per prosecution case, the Joint Registrar, Cooperative Societies through Signature Not Verified SAN

a newspaper got the knowledge about a fraud amounting to Rs.11 Crores in Digitally signed by NAVEEN KUMAR SARATHE Date: 2022.02.21 17:47:19 IST 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 the 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 and other co- accused persons transferred the amount from the 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 had three accounts i.e. 184000088403, 684217021153 & 184000216663 located at District Cooperative Central Bank, Branch Dabhora and on different dates a sum of Rs.3,37,84,335/- was transferred from the Sundry account of the bank to the applicant's accounts, which was withdrawn and used by the applicant.

Learned counsel for the applicant submitted that the applicant is innocent and has falsely been implicated in the offence. The aforesaid accounts were 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. He further submitted that co-accused Shri Krishna Mishra has already been granted bail by the Hon'™ble Apex Court vide order dated 05.10.2021 passed in Cri. Appeal No. 1163/2021. So the applicant is also entitled to get bail on the basis of parity. The applicant has been in custody since 02.01.2017. 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 objector 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.3,37,84,335/- was transferred by him in the applicant's account, which was withdrawn by the applicant and used by him, which clearly shows that the applicant was involved in the said crime. So, looking to the Signature Not Verified SAN enormity of fraud and involvement of the applicant in the crime, he should not be

Digitally signed by NAVEEN KUMAR SARATHE enlarged on bail.

Date: 2022.02.21 17:47:19 IST

Case of co-accused Shri Krishna Mishra who has been granted bail by the Hon'ble Apex Court is not similar to the applicant. Against co-accused Shri Krishna Mishra allegation is that co-accused Ram Krishan Mishra transferred money from the Sundry account of the bank to Shri Krishna Mishra's account, thereafter, that money was transferred in other co-accused's accounts. While allegation against the applicant is that an amount of Rs.3,37,84,335/- was transferred by co-accused Ram Krishan Mishra in the applicant's account, which was withdrawn by the applicant and used by him. So the applicant is not entitled to get bail on the basis of parity.

Earlier bail applications of the applicant were dismissed on merits by this Court vide orders dated 25/03/2019, 8/7/2019, 08/06/2021 passed in M.Cr.C.Nos.5540/2018, 20235/2019 and 19667/2021 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 Pappu Yadav v. CBI Through its Director reported in (2007) 1 SCC 70 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."

From the account statement of applicant's account Nos. 184000088403, 684217021153 & 184000216663 located at District Cooperative Central Bank, Branch Dabhora, it is apparent that an amount of Rs.3,37,84,335/- were credited to the applicant's account from the Sundry account of the District Cooperative Central Bank, Branch Dabhora and said amount was used by the applicant. He also got one F.D. prepared from that amount and used it in getting a liquor contract. Signature Not Verified SAN Crime No.71/2015 for the offences punishable under Sections Digitally signed by NAVEEN KUMAR SARATHE 420,409,467,468,471 and 120B of IPC is also registered against the applicant, so Date: 2022.02.21 17:47:19 IST

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

Accordingly, M.Cr.C. is rejected.

However, it appears from the record that the applicant is in custody since 02.01.2017 while the trial is still pending, so it is expected from the trial Court to dispose of the case as early as possible. Learned trial Court is also directed to send progress report of the trial in every two month to the Principal Registrar (Vigilance) through District Judge, Rewa.

Office is directed to send a copy of this order to the concerned trial Court for necessary compliance.

(RAJEEV KUMAR DUBEY) JUDGE sarathe

Signature Not Verified SAN

Digitally signed by NAVEEN KUMAR SARATHE Date: 2022.02.21 17:47:19 IST