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2022 DIGILAW 90 (MP)

Rajendra Singh v. State of Madhya Pradesh

2022-01-13

SUBODH ABHYANKAR

body2022
JUDGMENT Subodh abhyankar, J. - This is the first bail application under Section 439 of Criminal Procedure Code, 1973 as they are implicated in connection with Crime No.169/2017 registered at Police Station Taal, District - Ratlam (MP) for offence punishable under Section 420 of the Indian Penal Code, 1860 Sections 3, 4, 5 of Prize Chits and Money Circulation Scheme (Banning) act, 1978 and Sections 3(1) & 6(2) of M.P. Nikshepako Ke Hito Ka Sanrankshan adhiniyam, 2000. The applicants are in custody since 04/10/2017. Counsel for the applicants has submitted that identically placed co-accused persons, namely, Raghuveer Singh and Bagdiram have already been granted bail by this Court vide order dated 10.12.2021 passed in M.Cr.C. Nos.19576/2020, 19293/2020 (both M.Cr.C.s are of applicant Raghuveer Singh) and 61901/2021 (applicant Bagdiram) respectively and the present applicants are having complete parity with them. Hence, it is prayed that they be also enlarged bail on the ground of parity. Counsel for the respondent/State, on the other hand, has opposed the prayer, but has not controverted the parity as claimed by the applicants. Having considered rival submissions, perusal of the case-diary as also the order dated 10.12.2021 and 17.12.2021 passed in M.Cr.C. Nos.19576/2020, 19293/2020 and 61901/2021 in respect of the aforesaid other co-accused persons, this Court finds force with the contentions raised by the Counsel for the applicants to allow the application. accordingly, maintaining the parity, without adverting to the merits of the case, the application filed by the applicants is allowed. The applicants are directed to be released on bail upon furnishing a personal bond in the sum of Rs.50,000/- (rupees fifty thousand) each with separate solvent sureties of the like amount to the satisfaction of the trial Court for their regular appearance before the trial Court during trial with a condition that they shall remain present before the Court concerned during trial and shall also abide by the conditions enumerated under Section 437 (3) Criminal Procedure Code, 1973. It is also observed that if the applicants are found to be involved in any of the criminal activities, after their release on bail, then the present bail order shall stand cancelled without further reference to this Court; and the State/prosecution will be free to arrest the accused persons in the present case also. This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective. This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective. Certified copy as per rules.