ORDER
Since both the Misc. Criminal Case are arising out with same crime number, thus both are being decided by this common order.
M.Cr.C. No.6144/2022 is a fifth application under section 439 of Cr.P.C. for grant of bail on behalf of Radha as her earlier four applications were dismissed vide order dated 23.04.2021, 14.06.2021, 03.09.2021 and 07.01.2022. The applicant has filed this application only on the ground of period of cusotdy.
M.Cr.C. No.9412/2022 is a second application under Section 439 of Cr.P.C. for grant of bail on behalf of Manish, his earlier bail application was allowed temporarily for a period of one month.
Both the applicants are facing trial in connection with Crime No.50/2021 registered at Police Station-Rajgarh, District Rajgarh, M.P. for the offence punishable under Section
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420,465,466,468, (437 of IPC in M.Cr.C.No.9412) 120-B of I.P.C. and 65, 66(d), 70,71,72 of IT Act. Learned counsel for the applicant/Radha (M.Cr.C. No.6144/2022) submits that this applicant is in custody since 01.02.2021 and there is no substantive progress in the trial. It is further submitted that hand writing expert report has been received on 14.08.2022 which completely exonerate her about charges of manipulation of revenue record, therefore, applicant is entitled for grant of bail.
Learned counsel appearing on behalf of Manish Gupta (M.Cr.C. No.9412/2022) submits that this applicant was not holding any post in the Revenue Department. He has falsely been implicated in this case as he happens to be a brother of Radha Gupta.
Government Advocate opposes both the applications and prays for its rejection.
Heard.
So far as merits of the case is concerned, this Court has already considered the merits of the case and dismissed the application vide order dated 21.06.2021 passed in M.Cr.C. No.29521/2021 considering the role of applicant Radha Gupta alongwith her brother in respect of manipulation in the electronic record of land maintained by Revenue Department State of M.P. The applicant- Radha Gupta has disclosed her ID and Password
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to his brother (Manish Gupta) who has changed as many as 13 revenue entries in the land records. Against the order dated 21.06.2021, the applicant Radha Gupta had approached before this Apex Court by way of Special Leave Petition (Crl.) No.6230/2021 and withdrawn the same.
Learned counsel for the applicant Radha Gupta submits that the aforesaid SLP was withdrawn before commencement of hearing as the applicant has approached High Court by way of third application. The third application of the applicant was filed for temporary release but at that time of hearing the fact of filing of SLP was not disclosed to this Court and this Court granted temporary bail to the applicant for a period of two months on health ground. Once, one of the applicant has already approached before the Apex Court, these applications are not liable to be considered on merits as there is no change of circumstances in their case except period of custody. In view of the above, M.Cr.C. No.6144/2022 and
M.Cr.C. No.9412/2022 are hereby dismissed.
(VIVEK RUSIA)
J U D G E
praveen