Satnam Singh Randhawa vs The State Of Madhya Pradesh
2023 Latest Caselaw 12417 MP

                                                             1
                            IN     THE        HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                     BEFORE
                                   HON'BLE SHRI JUSTICE DINESH KUMAR PALIWAL
                                                 ON THE 3 rd OF AUGUST, 2023
                                            MISC. CRIMINAL CASE No. 55932 of 2022

                           BETWEEN:-
                           SATNAM SINGH RANDHAWA S/O LATE BALWANT
                           SINGH RANDHAWA, OCCUPATION: SELF EMPLOYED,
                           R/O 240-241, F-BLOCK OPP. K.R. MANGALAM SCHOOL,
                           VIKASPURI, NEW DELHI, DELHI.

                                                                                           .....APPLICANT
                           (BY SHRI MANISH DATT - SENIOR ADVOCATE WITH SHRI AMAN DAWRA -
                           ADVOCATE )

                           AND
                           THE STATE OF MADHYA PRADESH THROUGH POLICE
                           STATION, GANPATINAKA, DISTRICT BURHANPUR,
                           MADHYA PRADESH.

                                                                                       .....RESPONDENTS
                           (BY SHRI PRADEEP GUPTA - GOVERNMENT ADVOCATE)

                                 This application coming on for admission, this day, th e court passed
                           the following:
                                                              ORDER

This first bail application under Section 439 of Cr.P.C. has been filed in relation to FIR No.240/2020 registered at Police Station, Ganpatinaka, Burhanpur for offences punishable under Section 420, 406 and 409 of I.P.C. and Section 6 of M.P. Nikshepako ka Sanrakshan Adhiniyam, 2000. He is in detention since 23.01.2021.

2. Learned counsel for the applicant submits that only allegation against the applicant is that he embezzled an amount of Rs.3,00,000/- (Three Lacs only). His property worth Rs.61,00,00,000/- (Sixty One Crores only) has Signature Not Verified Signed by: KRISHNA SINGH Signing time: 8/5/2023 2:18:37 PM

already been seized by the Collector. He is in jail in other cases also for the last so many years. He is in jail in this case for the last 2 1/2 years. He is ready to deposit Rs.4,00,000/- (Four Lacs only) before trial Court. Though, he is Director of the Company but he is having nothing. Trial of the case will take considerable time as even after filing of the charge sheet on 22.02.2021, trial could not be concluded so far. There is no possibility of his absconding and tempering with the evidence of prosecution. He is ready to comply with all conditions imposed by the Court. Therefore, it is prayed that applicant be released on bail.

3. On the other hand, learned counsel for the State has opposed grant of

bail and has submitted that applicant is involved in number of cases and has cheated crores of rupees of innocent investors. Therefore, he be not released on bail.

4. Undoubtedly, the present applicant is the Director of the Company but it cannot be overlooked that he is in jail for the last 2 1/2 years. In the case in hand, the total allegation of embezzlement amount is Rs.8,00,000/- (Eight Lacs only). As per learned counsel, applicant is ready to deposit Rs.4,00,000/- (Four Lacs only) before trial Court.

5. Having taken into consideration, the detention period of the applicant and the fact that conclusion of the trial will take considerable time and applicant is ready to deposit Rs.4,00,000/- (Four Lacs only) in Fixed deposit before the trial Court which shall be encashable subject to permission of the trial Court only, be released on bail on his furnishing a personal bond in the sum of Rs.2,00,000/- (Rupees Two Lakh only) with two sureties of Rs.1.00 lakh each to the satisfaction of the trial Court, for his regular appearance before the

Signature Not Verified Signed by: KRISHNA SINGH Signing time: 8/5/2023 2:18:37 PM

trial Court during trial with a condition that he shall remain present before the concerned Court on all the dates fixed by it during trial. He shall abide by all the conditions enumerated under Section 437(3) of Cr.P.C.

6. This order shall be effective till the end of the trial. However, in case of bail jump and breach of any of the conditions of bail, it shall become ineffective.

7. Learned trial Court shall be at liberty to pass appropriate order about the disbursement of deposited amount of Rs.4,00,000/- (Four Lacs only), at the time of delivery of judgment.

Certified copy as per rules.

(DINESH KUMAR PALIWAL) JUDGE veni

Signature Not Verified Signed by: KRISHNA SINGH Signing time: 8/5/2023 2:18:37 PM