SHIVRAJ SHARMA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is the first application filed under sec. 439 Cr.P.C seeking bail in connection with Crime No.375/2018 registered at Police station Sonkatch District Dewas for the offence punishable under sec. 420,409,120-B/34 of IPC and Sec. 6 of the M.P.Nishepakon Ke Hiton Ka Sanrankshan Adhiniyam 2000 and Sec. 3,4,5 and 6 of the Prize Chits and Money Circulation Scheme banning Act 1978. The applicant is in custody since 11/6/2021.

(2.) As per prosecution, the FIR has been registered against the applicant on a complaint made by one of the investor, who is a resident of Sonkanch. According to the complainant, Bapu Singh, he has invested an amount for purchase of gold in the company named and styled as M/s Eve Miracle and Jewels Private Limited of the present applicant, who is a Jeweller by profession. Neither gold nor amount has been returned to the complainant, therefore, FIR has been lodged against him. Similar nature of cheating has been done with other residents also. The applicant and 24 others have further convinced and made 123 members, who invested Rs.5575.00each in total Rs.11,88,730.00 invested in the company of the present applicant.

(3.) Learned counsel for the applicant submits that as many as 21 FIRs have been registered against the present applicant in various police station. The details have been given in page 6 of the memo of the application and except in this present case in all other cases he has been granted bail by the High Court. He further submits that in one of the bail application came up for consideration before the Principal Bench vide MCRC.No.13200/2018 and after considering all the grounds, objections taken by the State as well as the objector vide order dtd. 16/7/2018, bail has been granted. The applicant is in jail since 6/11/2018 in the State of M.P. Similar nature of cases were registered in the State of Rajasthan and all FIRs have been quashed except Crime No.34/2020 by the Rajasthan High Court because his wife has got registered a FIR under Sec. 376 of IPC against the then DIG, thereafter all these cases have been registered in State of M.P one after and another in order to retain the applicant in jail. Under these circumstances, applicant may be enlarged on bail.