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Judgment
The lawyers are not appearing due to abstention from judicial work.
The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R. No.
202/2016 registered at Police Station Phalodi, for the offences under Sections 420, 406, 120 (B) of IPC .
The co-accused Om Prakash has been released on bail vide order dated 07.09.2017 in S.B. Criminal Misc. 2nd Bail No.6701/2017, the order of
which reads as follows:-
“Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
The instant second bail application under Section 439 Cr.P.C. has been preferred on behalf of the petitioner who is in custody in connection with
F.I.R. No.208/2016, registered at Police Station Phalodi, District Jodhpur for the offences under Sections 420, 406 and 120B IPC.
On the previous date of hearing, Shri Thanvi had urged before the Court that the petitioner had deposited the entire amount collected from the
respective customers at Phalodi in the Society’s account at the Bank of Baroda. The investigating officer Shri Madan Singh today states that
the petitioner has provided a receipt showing deposit of a sum of Rs.42,47,000/- in the Society’s Act at the Bank of Baroda. The I.O. further
states before the Court that he could not collect any significant evidence to prove that the petitioner had any powers of withdrawal from the
society’s account. He states that the accounts of the society were being operated on the instructions of the Chairman Shri Tanerao Singh who too
has been arrested and is in judicial custody.
On going through the case diary, I am duly satisfied that the principal offender and mastermind of the entire fraud is none other than the Chairman
Tanerao Singh who is under an obligation to make good, the money of the cheated customers. So far as the petitioner is concerned, he has provided
sufficient proof to satisfy the Court that the amount collected by him from the customers was either deposited in the Society’s account or was
paid in cash to the other office bearers of the society viz. Shri Bhom Singh, etc. The investigation officer shall make though investigation regarding
these facts and if any of the office bearers of the Society are found involved in the fraud they too shall be proceeded against.
Having regard to the entirety of facts and circumstances as indicated above, I am of the opinion that the petitioner deserves to be released on bail.
Accordingly, the second bail application under Section 439 Cr.P.C. is allowed and it is directed that the petitioner Om Prakash arrested in connection
with the F.I.R. No. 208/2016, registered at Police Station Phalodi, District Jodhpur shall be released on bail provided he furnishes a personal bond of
Rs.50,000/- and two surety bonds of Rs.25,000/each to the satisfaction of the learned trial court with the stipulation to appear before that Court on all
dates of hearing and as and when called upon to do so.
It is further directed that in the event of any bail application being submitted on behalf of Tanerao Singh in the trial court, the Additional Sessions
Court, Phalodi, or in this court, a copy of t is order shall be brought to the notice of that court.â€Â
The charge-sheet has already been filed and investigation is complete. The petitioner is in custody since 18.09.2017. The fraud committed by the
petitioner as alleged per FIR is that he collected money from the public at large in the garb of functioning of Vikas Cooperative Credit Society. The
trial is likely to take a long time to complete.
Having regard to the facts and circumstances of the case and upon a consideration of the arguments advanced on behalf of the petitioner and
Public Prosecutor, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted.
Consequently, the bail application is allowed. It is ordered that the accused-petitioner Tanerav Singh S/o Sh. Kishan Singh shall be released on bail;
provided he furnishes a personal bond of Rs.50,000/- with two surety bonds of Rs.25,000/- each to the satisfaction of the learned trial court with the
stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.