Madhya Pradesh High Court
Rajendra Sharma @ Rimpy vs The State Of Madhya Pradesh on 20 February, 2025
Author: Prem Narayan Singh
Bench: Prem Narayan Singh
NEUTRAL CITATION NO. 2025:MPHC-IND:4651
1 MCRC-56045-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE PREM NARAYAN SINGH
ON THE 20th OF FEBRUARY, 2025
MISC. CRIMINAL CASE No. 56045 of 2024
RAJENDRA SHARMA @ RIMPY
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri V.K. Jain, learned Senior Advocate alongwith Shri Jitendra Verma, learned
counsel for the applicant.
Shri Kamal Kumar Tiwari, learned Govt. Advocate for the respondent/State.
ORDER
Heard and perused the case diary.
2. This is the first bail application filed on behalf of the applicant
under Section 483 of BNSS, 2023 (Section 439 of the Cr.P.C, 1973) for
grant of bail in relation to FIR/Crime No.171/2024 dated (not mentioned),
registered at Police Station-M.G. Road, District Indore, for the offence under
Sections 420, 467, 468, 471, 474 and 120-B/34 of IPC, 1860. The applicant
is in jail since 20.06.2024.
3. As per prosecution story, an FIR was registered by police Station
M.G. Road, Indore alleging that few firms and other persons have presented
false and forged documents regarding the construction work of sewage line
in Drainage Department and have attempted to take money from Nagar
Nigam by presenting false bills and work orders of such firms. Subsequently,
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FIR bearing Crime No.171/2024 was registered against the accused persons
and later on, on the basis of memorandum statement of another co-accused,
present applicant was made accused.
4. It is submitted by Senior Counsel for the applicant that the applicant
has been implicated in the present case falsely. It is further submitted that the
present applicant has been made accused only on the basis of statements of
co-accused persons Rameshwar Parmar, Abhay Rathore, Rahul Vadhera and
Jahid Khan recorded under Section 27 of the Evidence Act. Present applicant
has no role in testing and evaluating the quality of construction works,
preparing bills and making payments. The entire proceedings are carried out
at different stages under the internal process prevalent by different officers
and employees in which applicant has no interference.
5. Learned Senior counsel for applicant also submitted that one of the
co-accused Samar Singh Parmar has been granted bail by Hon'ble Apex
Court in SLP No. 13737/2024 in similar offence. Counsel relied upon
paragraphs 24, 25, 39 and 40 of judgment of Hon'ble Apex Court in the case
of Sanjay Chandra vs. Central Bureau of Investigation reported as (2012)1
SCC 40 in support of his contentions. It is further submitted by Senior
Counsel for the applicant that one of the co-accused Mohd. Aihatesham has
also been granted anticipatory bail by Hon'ble Apex Court in Special Leave
to Appeal (Criminal) No. 11555/2024 after depositing full defalcation
amount of Rs. 1,18,57,358/-. Applicant is in custody since 20.06.2024
(approximately 8 months in custody), even then he is ready to deposit 50%
(Rs.60,18,457/- R/o Rs.60,19,000/-) of the misappropriated amount i.e.
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Rs.1,20,36,914/-. In this case, other co-accused Jahid Khan has also been
enlarged on bail subject to deposit of 50% of total defalcation amount.
Present applicant is having complete parity with him. Under these
circumstances, counsel for the applicant prays for bail.
6. O n the contrary Govt. Advocate opposed the application by
submitting that applicant has played active role in the offence. However, he
has clearly submitted that in this case co-accused Jahid Khan has also been
enlarged on bail subject to deposit of 50% of total defalcation amount,
therefore, present applicant is having complete parity with co-accused Jahid
Khan.
7. Having considered the rival submissions and after perusal of case
diary so also considering other facts and circumstances of the case, the
applicant is ready to deposit the 50% of the misappropriated amount i.e.
Rs.60,19,000/-, this Court is of the view that applicant deserves to the
enlarged on bail hence, without commenting on the merits of the case, the
application is allowed subject to depositing Rs.60,19,000/- in two
installments.
8. It is directed that applicant be released on bail subject to depositing
Rs.30,10,000/- before the trial Court and on his furnishing a personal bond in
the sum of Rs.50,000/- (Rupees Fifty thousand only) with one solvent surety
in the like amount to the satisfaction of the trial Court, for his regular
appearance before the trial Court during trial with a condition that he shall
remain present before the concerned Court on all the dates fixed by it during
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trial. The second installment of Rs.30,09,000/- shall be paid within three
months from the date of his release (i.e on or before May, 2025). The
amount so deposited by the applicant shall be subject to the final outcome of
trial. He shall abide by all the conditions enumerated under Section 480(3) of
BNSS.
9. It is made clear that in case of failure to deposit the two installments
within the said period, this order shall stands cancelled automatically without
further reference to this Court.
10. 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.
Certified copy as per rules.
(PREM NARAYAN SINGH)
JUDGE
Vindesh
