IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE PRAKASH CHANDRA GUPTA st ON THE 1 OF JULY, 2023 MISC. CRIMINAL CASE No. 15255 of 2023 BETWEEN:-

SATNAM SINGH RANDHAWA S/O LATE SHRI BALWANT SINGH RANDHAWA, AGED 55 YEARS, OCCUPATION:

BUSINESS R/O F/240 VIKAS PURI, NEW DELHI (DELHI)

.....APPLICANT (BY SHRI DHARMENDRA KHANCHANDANI - ADVOCATE)

AND THE STATE OF MADHYA PRADESH THROUGH POLICE STATION BANK NOTE PRESS, DEWAS DISTRICT DEWAS (MADHYA PRADESH)

.....RESPONDENT/STATE (BY SHRI SUDHANSHU VYAS - PANEL LAWYER)

This application coming on for hearing this day, the court passed the following:

ORDER

This is first bail application filed by the applicant under Section 439 of Cr.P.C., in connection with FIR/Crime No.785/2021 registered at Police Station Bank Note Press, District Dewas (MP) for offence punishable under Sections 420, 467, 468, 471 and 472 of IPC and under Section 6 of M.P. Nikshepako ke Hiton ka Sarankshan Adhiniyam.

2. Prosecution story, in nutshell, is that accused person Bhagwan Singh, Mukesh and Mahesh Nagar being agent of G.N. Gold Ltd. (hereinafter referred as ‘company’) and present applicant/accused being Manager of company assured the complainant to get the money doubled in 5 years. The Signature Not Verified applicant/accused got a sum of Rs.7,32,800/- deposited by the complainant and her family members. On 04.08.2011, the policy was issued in the name of complainant and her family members, Bhavna, Sajan Bhai, Dilip, Bhagu Bai and Peena Chouhan. On the date of maturity of policy i.e., on 04.08.2016, the accused persons had not given the matured amount to the complainant party. Thereby, the accused persons after conspiring fraudulently, got the amount deposited by the complainant party, but till date no amount of money was paid to the complainant party by the accused person. During investigation, it has also been found that co-accused person Tarsem Singh, Sarabhjeet Singh, Narendra Singh and Kamaljeet Singh also are director of the company.

3. Learned counsel for the applicant submits that prior to the incident, he had resigned from the post of Director of the Company on 03.04.2009 and he submitted appropriate form with Registrar of Company vide E-form (Annexure A-2) filing date 03.05.2010, the said form was duly accepted by the official of Registrar of Company on 07.05.2010. The incident is of year 2011 and on the date of incident, he was neither Director nor Promoter of the Company. In the similar situated other cases, the present applicant has been granted bail by this Hon’ble High Court and also by Hon’ble Supreme Court. The FIR was registered after a period of 10 years of applicant’s resignation, which creates a doubt that it was an afterthought to implicate the applicant falsely. After completion of the investigation, charge-sheet has been filed. The applicant is arrested formally on 10.11.2022. No further interrogation is required from the applicant. On these grounds, prayer is made to enlarge the applicant on bail.

4. The learned Govt. Advocate appearing on behalf of respondent/State has objected the prayer and prayed for the rejection of the application.

Signature Not Verified

5. Having heard learned counsel for both the parties, perused the case-

diary, considering the facts and circumstances of the case, coupled with the fact that the possibility of delay in the trial of the case cannot be ruled out. Therefore, taking into account all facts and circumstances of the case, this Court is inclined to grant bail to the applicant.

6. The applicant is directed to be released on bail upon furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac Only) with two solvent surety in Rs.50,000-50,000/- 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 court concerned during trial and shall also abide by the conditions enumerated under Section 437 (3) Criminal Procedure Code, 1973.

Certifi