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Rajasthan High Court · body

2018 DIGILAW 2066 (RAJ)

Deepak Pundir v. State of Rajasthan

2018-10-08

PANKAJ BHANDARI

body2018
JUDGMENT PANKAJ BHANDARI, J. 1. Petitioner has filed this second bail application under Section 439 of Cr.P.C. 2. F.I.R. No.28/2017 was registered at Police Station SOG, District Jaipur for offence under Sections 406, 409, 467, 468, 471, 477A, 201, 120-B of I.P.C. 65 IT Act. 3. It is contended by counsel for the petitioner that after rejection of the first bail application, trial has not proceeded. Petitioner has remained in custody for ten months. Complainant in this case also happens to be Director of the company and his role is similar to that of the petitioner. 4. Counsel for the petitioner has placed reliance on "Ashok Dhingra vs. N.C.T. of Delhi, (2000) AIR SC 3537". 5. Learned Additional Advocate General has opposed the second bail application. His contention is that petitioner had taken money from the depositors and transferred to sham companies of which petitioner was Director. It is also contended that there is no change in circumstance necessitating entertaining the second bail application. 6. I have considered the contentions. 7. Considering the contentions of learned Additional Advocate General this Court has rejected the bail application as there was allegation in the complaint that money was taken from the depositors and total amount involved in the case is more than seven hundred ninety six crore of rupees. Petitioner was Director in four companies and has also withdrawn Rs. 60,00,000/- as the signing authority in one of the company. Ground of delay which petitioner has argued before this Court and the judgment cited in this behalf has no applicability to the facts of this case as the case which was before the Supreme Court was at a pre-trial stage. 8. In the present case from the order-sheet, it is revealed that charge arguments have been heard by the Court and looking to the amount involved and the fact that company was not having any authority to accept deposits, I am not inclined to entertain the second bail application. 9. The criminal misc. second bail application is, accordingly, rejected. 10. Trial Court is directed to proceed with the case.