IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR

BEFORE

HON'BLE SHRI JUSTICE RAJEEV KUMAR DUBEY

ON THE 28^th OF FEBRUARY, 2022

MISC. CRIMINAL CASE No. 7416 of 2022

Between:-

PREM NARAYAN PATEL S/O SHRI DEEN DAYAL

PATEL , AGED ABOUT 57 YEARS, OCCUPATION:

ASSISTANT IN COMMITTEE S/O SINDANI ROAD,

NARSINGHPUR

DISTT.

NARSINGHPUR

M.P.

(MADHYA PRADESH)

.....APPLICANT

(BY SHRI R.S. PATEL, LEARNED COUNSEL FOR THE APPLICANT )

AND

THE STATE OF M.P. THROUGH STATION HOUSE

OFFICER P.S. KOTWALI DISTT. NARSINGHPUR

M.P. (MADHYA PRADESH)

.....RESPONDENT

(BY SHRI S.M. PATEL, PANEL LAWYER )

This M.Cr.C. coming on for admission this day, the court passed the

following:

ORDER

Shri Kaushal Singh, SDO(P) and Shri Amit Dani, SHO, Police Station

Kotwali, Narsinghpur, District Narsingpur are present in person.

Status report has been received.

Heard with the aid of case diary.

This is second application filed under Section 439 of Cr.P.C. Applicant

Prem Narayan Kol was arrested on 29.08.2020 in connection with Crime

No.83/2019 registered at Police Station Kotwali Narsinghpur, District Narsinghpur

for the offence punishable under Sections 409, 471, 468, 467, 420, 34 of IPC and

Section 13(1)(D) and 13(2) of Prevention of Corruption Act.

Earlier bail application of the application was dismissed on merit by this

Court vide order dated 16.03.2021 passed in M.Cr.C. No.10304/2021.

As per the prosecution case, on 1/2/2019 complainant Smt. Shakuntala

Thakur, Deputy Commissioner Cooperative Narsinghpur lodged a written

complaint to SDO(P) Narsinghpur averring that she was posted as Deputy

Commissioner, Co-operative Narsinghpur and Cooperative Marketing Committee

1

Digitally signed by MANOJ NAIR

Date: 2022.02.28 17:23:56 IST

SAN

Signature Not Verified

Limited, Narsinghpur Registration No. 1110 was under her. During the year 2016-

18, co-accused Bhawani Patel was the President of the Committee, Arvind Sharma

was posted as Manager and Shri Asgar Ali and applicant Shri Prem Narayan Patel

were posted as Assistant in the Committee. They were authorized to purchase the

grain from farmers at minimum support price (M.S.P.). They committed

irregularities and illegality in purchasing the grain from the farmers. It is further

stated that on 16/10/2017 in place of Bhawani Patel, co-accused Anita Kol was

posted as Administrator of the Society. She also in connivance with co-accused

Manager Arvind Sharma, Assistants Asgar Ali and applicant Prem Narayan Patel

committed irregularities and illegality in purchasing the grain from the farmers and

embezzled the government money amounting to Rs.1,66,16,790/-.

Learned counsel for the applicant submits that the applicant is innocent and

has falsely been implicated in this case. It is further submitted applicant is only the

Assistant of the committee and the work of purchasing of grain was conducted by

the co-accused persons and the applicant had no role to play in purchasing work.

There is no allegation against the applicant that he embezzled any amount. Even the

statement of Prahlad Masurkar (PW-3) has been recorded by the trial court. He did

not depose anything against the applicant. He further submitted that prosecution

has not filed charge-sheet against the co-accused Bhawani and Smt. Anita Kol till

todaywho are the main accused. The applicant has been in custody since

29.08.2020 while trial is still pending, hence prayed for release of the applicant on

bail.

Learned counsel for the State opposed the prayer and submitted that

sufficient evidence is available to connect the applicant with the crime. He further

submitted that in further investigation, it was found that applicant and co-accused

person embezzled the government money amounting to Rs.7 Crore. Earlier bail

application of the applicant was dismissed on merit, thereafter, there has been no

change in the circumstances, so applicant should not be released on bail.

Earlier bail application of the applicant was dismissed on merit vide order

dated 16.03.2021 passed in M.Cr.C. N