Madhya Pradesh High Court
Prem Narayan Patel vs The State Of M.P. on 28 February, 2022
Author: Rajeev Kumar Dubey
1
IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE RAJEEV KUMAR DUBEY
ON THE 28th OF FEBRUARY, 2022
MISC. CRIMINAL CASE No. 7416 of 2022
Between:-
PREM NARAYAN PATEL S/O SHRI DEEN DAYAL
PATEL , AGED ABOUT 57 YEARS, OCCUPATION:
ASSISTANT IN COMMITTEE S/O SINDANI ROAD,
NARSINGHPUR DISTT. NARSINGHPUR M.P.
(MADHYA PRADESH)
.....APPLICANT
(BY SHRI R.S. PATEL, LEARNED COUNSEL FOR THE APPLICANT )
AND
THE STATE OF M.P. THROUGH STATION HOUSE
OFFICER P.S. KOTWALI DISTT. NARSINGHPUR
M.P. (MADHYA PRADESH)
.....RESPONDENT
(BY SHRI S.M. PATEL, PANEL LAWYER )
This M.Cr.C. coming on for admission this day, the court passed the
following:
ORDER
Shri Kaushal Singh, SDO(P) and Shri Amit Dani, SHO, Police Station
Kotwali, Narsinghpur, District Narsingpur are present in person.
Status report has been received.
Heard with the aid of case diary.
This is second application filed under Section 439 of Cr.P.C. Applicant
Prem Narayan Kol was arrested on 29.08.2020 in connection with Crime
No.83/2019 registered at Police Station Kotwali Narsinghpur, District Narsinghpur
for the offence punishable under Sections 409, 471, 468, 467, 420, 34 of IPC and
Section 13(1)(D) and 13(2) of Prevention of Corruption Act.
Earlier bail application of the application was dismissed on merit by this
Court vide order dated 16.03.2021 passed in M.Cr.C. No.10304/2021.
As per the prosecution case, on 1/2/2019 complainant Smt. Shakuntala
Thakur, Deputy Commissioner Cooperative Narsinghpur lodged a written
Signature Not Verified
SAN
complaint to SDO(P) Narsinghpur averring that she was posted as Deputy
Digitally signed by MANOJ NAIR
Date: 2022.02.28 17:23:56 IST
Commissioner, Co-operative Narsinghpur and Cooperative Marketing Committee
Limited, Narsinghpur Registration No. 1110 was under her. During the year 2016-
18, co-accused Bhawani Patel was the President of the Committee, Arvind Sharma
was posted as Manager and Shri Asgar Ali and applicant Shri Prem Narayan Patel
were posted as Assistant in the Committee. They were authorized to purchase the
grain from farmers at minimum support price (M.S.P.). They committed
irregularities and illegality in purchasing the grain from the farmers. It is further
stated that on 16/10/2017 in place of Bhawani Patel, co-accused Anita Kol was
posted as Administrator of the Society. She also in connivance with co-accused
Manager Arvind Sharma, Assistants Asgar Ali and applicant Prem Narayan Patel
committed irregularities and illegality in purchasing the grain from the farmers and
embezzled the government money amounting to Rs.1,66,16,790/-.
Learned counsel for the applicant submits that the applicant is innocent and
has falsely been implicated in this case. It is further submitted applicant is only the
Assistant of the committee and the work of purchasing of grain was conducted by
the co-accused persons and the applicant had no role to play in purchasing work.
There is no allegation against the applicant that he embezzled any amount. Even the
statement of Prahlad Masurkar (PW-3) has been recorded by the trial court. He did
not depose anything against the applicant. He further submitted that prosecution
has not filed charge-sheet against the co-accused Bhawani and Smt. Anita Kol till
todaywho are the main accused. The applicant has been in custody since
29.08.2020 while trial is still pending, hence prayed for release of the applicant on
bail.
Learned counsel for the State opposed the prayer and submitted that
sufficient evidence is available to connect the applicant with the crime. He further
submitted that in further investigation, it was found that applicant and co-accused
person embezzled the government money amounting to Rs.7 Crore. Earlier bail
application of the applicant was dismissed on merit, thereafter, there has been no
change in the circumstances, so applicant should not be released on bail.
Earlier bail application of the applicant was dismissed on merit vide order
Signature Not Verified
SAN dated 16.03.2021 passed in M.Cr.C. No.10304/2021, thereafter, there has been no
Digitally signed by MANOJ NAIR
Date: 2022.02.28 17:23:56 IST
change in the circumstances.
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."
Looking to the facts and circumstances of the case and the allegation
levelled against the applicant and the money allegedly embezzled by the applicant
and other co-accused persons, this Court is not inclined to grant bail to the
applicant, at this stage.
Hence, the M.Cr.C. is rejected.
However, it appears from the record that the appellant is in custody since
29.08.2020 and the trial is still pending, so it is expected from the trial Court to
dispose of the case as early as possible preferably within seven months from the
date of receiving of the copy of this order.
The office is directed to send a copy of this order to the concerned trial
Court for necessary compliance.
(RAJEEV KUMAR DUBEY)
JUDGE
mn
Signature Not Verified
SAN
Digitally signed by MANOJ NAIR
Date: 2022.02.28 17:23:56 IST
