Rishi Chouhan vs The State Of Madhya Pradesh
2023 Latest Caselaw 177 MP

                                                      1

              IN THE             HIGH COURT               OF MADHYA PRADESH
                                             AT I N D O R E
                                                  BEFORE
                                HON'BLE SHRI JUSTICE ANIL VERMA

                                     ON THE 3rd OF JANUARY, 2023

                                MISC. CRIMINAL CASE No. 59060 of 2022

              BETWEEN:-
              RISHI CHOUHAN S/O NARENDRA RAI CHOUHAN,
              AGED ABOUT 48 YEARS, OCCUPATION: BUSINESS,
              HOUSE NO. 207, SECTOR17 PANCHKULA SECTOR
              8, HARYANA AT PRESENT FLAT NO. 5097-A,
              MODEL COMPLEX MONEY MAJARA CHANDIGAR
              PANCHKULA, (HARYANA)
                                                                          .....PETITIONER
              (BY SHRI VIKAS YADAV - ADVOCATE )

              AND
              THE STATE OF MADHYA PRADESH STATION
              HOUSE OFFICER THROUGH P.S. KOTWALI,
              DEWAS, DISTRICT DEWAS (MADHYA PRADESH)
                                                                        .....RESPONDENTS
              ( BY SHRI VARSHA THAKUR -GA )
              _____________________________________________________________________
                         This application coming on for admission this day, the court passed
              the following:

                                                  ORDER

This is the 4th repeat bail application under Section 439 of the Code of Criminal Procedure, 1973 on behalf of the applicant.

His earlier 3rd bail application was dismissed on merit vide order dated 11/09/2022 passed in MCRC no. 34676/2022 Learned counsel for the applicant contended that the applicant is suffering jail incarceration since 18/05/2017 i.e. for more than five years, but the trial is still continued. Final conclusion of the trial will take Signature Not Verified Signed by: AMOL N MAHANAG Signing time: 1/4/2023 10:26:20 AM

considerable long time. Under the above circumstances, prayer for grant of bail may be considered on such terms and conditions, as this Court deems fit and proper.

Per-contra, learned PL for respondent - State opposes the bail application and prays for its rejection by submitting that this is the case of fraud of amount of more than Rs. 75 lacs, hence the applicant does not deserve for bail.

Perused the impugned order of the trial Court as well as the case dairy.

Considering all the facts and circumstances of the case, arguments advanced by both the parties, nature and gravity of allegation as also taking note of the fact that applicant's earlier 3rd bail application was dismissed on merit vide order dated 11/09/2022 passed in MCRC no. 34676/2022; as per the status report received from the trial Court, it appears that the case is now fixed for appearance of co-accused Shipli on 03/01/2023 and as per the earlier status report, 17 witnesses have been examined before the trial Court; although counsel for the applicant contended that as per the direction issued by the Apex Court in the case of Bhim Singh Vs. UOI and others reported in (2018) 13 SCC 605, the applicant has already suffered more than 50 % of the jail incarceration provided for the offence under section 420 of IPC as also he placed reliance upon the judgment delivered by Hon'ble Apex Court in the case of Mohd Azam Khan Vs. State of Utter Pradesh reported in 2022 (3) MPLC 203 (SC), but in the present case, fraud has been committed for the amount of more than Rs. 75 lacs; the only changes in the circumstances is the period of jail incarceration of the applicant, which cannot be considered as material changes in the circumstances; in

Signature Not Verified Signed by: AMOL N MAHANAG Signing time: 1/4/2023 10:26:20 AM

view of the above, this Court is not inclined to grant bail to the present applicant.

Accordingly, this 4th bail application filed under section 439 of Cr.P.C by the applicant has no force and is hereby dismissed.

Certified copy, as per Rules.

(ANIL VERMA) JUDGE amol

Signature Not Verified Signed by: AMOL N MAHANAG Signing time: 1/4/2023 10:26:20 AM