ORDER

They are heard. Perused the case diary / challan papers.

This repeat ( FIFTH ) application under Section 439 of Criminal Procedure Code, 1973, as he / she is arrested in connection with Crime No.407/2021 registered at Police Station Sagore, Tehsil Dhar, District Dhar (MP) for offence punishable under Sections 420, 406, 465, 467, 468 and 471 of the Indian Penal Code, 1860. His earlier application (s) has already been dismissed on merits and the last application Miscellaneous Criminal Case No.51878/2022 has been dismissed on

06.12.2022, taking note of the fact that his first application (Miscellaneous Criminal Case No.4976/2022) has been dismissed on merits by this Court vide order dated 28.04.2022 and thereafter, there is no change in the circumstances. The applicant is in custody since 16.01.2022. As per the prosecution story, the allegations against the applicants are that they have executed an agreement to sale with the complainants, obtained a sum of Rs.50,00,000/- but sold the same to some other persons. Hence, on the complaint of the complainant, the Police has registered the case against the applicants for committing fraud. Learned counsel for the applicants, at the outset, has submitted that applicant No.1 is 75 years old, whereas applicant No.2 is 65 years old; and both of them are lodged in jail since 16.01.2022 and have already completed more than one year in jail; and the applicants are ready to deposit an amount of Rs.40,00,000/- (rupees forty lakhs only) in the trial Court, which may be considered as a change in the circumstances. Learned counsel appearing for the complainant / objector, on the other hand, has opposed the prayer and it is submitted that not only the applicants have received a sum of Rs.50,00,000/-<br/>

(rupees fifty lakhs only) from the complainant through a registered agreement which was executed in the year 2019, but the land in question has also been sold by them to two other persons for a consideration of Rs.90,00,000/- (rupees ninety lakhs only) and thus, the applicants may be directed to deposit the entire amount with interest.

Counsel for the respondent / State has also opposed the prayer.

Having considered the rival submissions and on perusal of the case diary and the undertaking given by the counsel for the applicants, as also taking note of the age of the applicants who are 75 years and 65 years old respectively, this Court is inclined to allow the present application, subject to the applicants depositing an amount of Rs.5,00,000/- (rupees five lakhs) each as upfront and the remaining amount of Rs.30,00,000/- (rupees thirty lakhs only) in any nationalized bank within a period of three months from the date of their release on bail .

Accordingly, without commenting anything on merits of the matter, the present application for grant of bail is allowed , subject to depositing a total amount of Rs.40,00,000/- (Rupees forty lakhs only) by the applicant (s) or any other person in his / her behalf in any nationalized bank as directed hereafter from the date of release and the said amount shall be subject to the final outcome of the case by the trial Court.

It is further directed that upon each of the applicants depositing a sum of Rs.5,00,000/- (Rupees Five lakh only) in a fixed deposit in a nationalized Bank and producing the receipt / certificate of the same before the concerned trial Court, he / she shall be released on bail on his / her furnishing a bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the same amount to the satisfaction of the trial Court, to appear before the trial Court on the dates given by the Court. The deposit receipt / certificate (s) so produced by the applicant (s) shall be endorsed by the learned Judge of the lower Court to be, 'furnished towards the bail of the applicant (s) and shall b