KAMAL KISHORE Vs. STATE OF M. P.

JUDGEMENT

(1.) THIS order shall also govern the disposal of MCrC No. 1770/06 (Ranchhod and another v. State of M.P.) as both these applications arise out of the same criminal case.

(2.) THIS is the second application filed under section 439 of CrPC for grant of bail in connection with Crime No. I 14/05 registered under section 420,406,465 and 120 -B of IPC at Police Station Sardarpur, Dhar against the present applicant and others, on the allegation that the present applicant and other accused persons committed fraud upon the villagers, cheated them and withdrew a huge amount fraudulently from their accounts through the cheques, which were given to them by the Government as compensation of the land acquired by the Government for public purpose.

(3.) PER contra, learned public prosecutor submitted that the ground of delay caused in trial, has also been taken into consideration by another Benches of this Court, while dismissing the bail application of other co -accused persons. Learned public prosecutor submits that the judgments of Hon'ble Supreme Court cited by learned counsel for the applicant though were not placed before that bench but arguments were advanced, on that basis also and the ground of delay in trial, was considered by other bench while deciding bail application of other co -accused persons and has been found not to be a proper ground for releasing other co -accused on bail, looking to the facts and circumstances of the case.