TMI Blog2020 (7) TMI 785X X X X Extracts X X X X X X X X Extracts X X X X ..... d other relevant factors. Without expressing any opinion to the merits of the case,suffice it to say that the record of the case prima facie reveals that being Principle Secretary of Mining Department, accused Ashok Singhvi has been main kingpin of the conspiracy, in furtherance of which a huge amount of ₹ 2.55 crores was collected as bribe. Ample evidence including telephone recording, call details is available on the record which very well connects him with the crime. In view of settled legal position and the fact of finality of cognizance order in this case, such contentions of applicants are not tenable that they are entitled for bail due to bail in scheduled offence or they were not arrested during the course of investigation - the case of both the present accused applicants cannot be said to be similar to that of those co-accused persons who have been enlarged on bail by coordinate bench of this court, therefore, keeping in view the specific major role of the present accused applicants, strong evidence available against them, their conduct to evade the trial, probable impact on the Society on granting bail to present accused applicants having distinct status in th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... judgments in Sita Ram Vs.State of Rajasthan [1994(1) RLW 227], Suraj Vs. State of Rajasthan [RLW 1986 Raj. 325], Data Ram Singh Vs. State of U.P.[(2018)3 SCC 22], P. Chidambaram Vs. CBI [AIR 2019 SC 5273],P. Chidambaram Vs. Directorate of Enforcement [AIR 2019 SC1669], Sanjay Chandra Vs. CBI [(2012)1 SCC 40], Sushila Aggarwal Vs. State (NCT of Delhi) [(2020 SCC Online SC 98], S.Kassi Vs. State [JT 2020(6) SCC 363] and Siddharam Satlingappa Mhetre Vs. State of Maharashtra [2011 Cr.L.R. (SC) 1]. 4. Mr. R.D. Rastogi, learned ASG assisted with Mr. Anand Sharma has vehemently opposed the bail applications with the submissions that as per settled legal position expounded by Hon ble Supreme Court in series of judgments, bail in economic offences must be considered on altogether distinct criteria as the same affect the economy as a whole and destroy the very basic fiber of the Society. The bail cannot be granted solely on the ground of parity i.e. co-accused persons have been granted bail,but while considering the bail application, the prima-facie case,role of each accused, conduct of the accused and other relevant factors should be taken into account. In this case most important factor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t surrender on 17-02-2020 in parity with other co-accused persons, rather they surrendered on 1-6-2020 and 19-6-2020, respectively. The accused applicants have not been able to point out any illegality or infirmity in the order of the trial court rejecting the bail applications. Thus in view of factual matrix of the case and applicable legal provisions, no case of bail is made out at all and the bail applications deserve to be dismissed. He placed reliance on the judgments in Kanwar Singh Meena Vs. State of Rajasthan [(2012)12 SCC 180], State of UPVs. Amarmani Tripathi [(2005)8 SCC 21], Mahipal Vs. Rajesh Kumar @ Polia, Criminal Appeal No.1843/ 2019 @ SLP (Cri.)No.6339/ 2019 decided on 5-12-2019, State of Orissa Vs. Mahimananda Mishra [(2018)10 SCC 516], Shyam Sunder Singhvi Vs. Union of India, SB Cr. Revision Petition No.273/2019 decided on 24-1-2020, Shyam Sunder Singhvi Vs. Union of India [Special Leave to Appeal (Crl.)No.792/2020 decided on 10-2-2020], Dr.Ashok Singhvi Vs. State of Rajasthan [SB Cr. Misc. (Pet.)No.2805/2016 decided on 23-3-2018], Dr. Ashok Singhvi Vs. Stateof Rajasthan [Special Leave to Appeal (Crl.) No.7267/2018decided on 24-9-2018], Dr. Shivender Mohan Singh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y comment on its order, suffice it to note the relevant legal position expounded in above referred judgments that while granting or refusing bail to an accused in a particular case, the role of every accused in the alleged crime along with other relevant factors are to be considered. A particular accused cannot claim to be released on bail only on the ground of grant of bail to other co-accused person. Accordingly even the same bench in a given case grants bail to an accused and refuses to another one having different footings. 9. In the instant case, other co-accused persons have been enlarged on bail by the coordinate bench of this court but the case of present applicants is not similar to those co-accused persons looking to their major role in the alleged crime, the evidence collected against them, their conduct of evading trial and other relevant factors. 10. Without expressing any opinion to the merits of the case,suffice it to say that the record of the case prima facie reveals that being Principle Secretary of Mining Department, accused Ashok Singhvi has been main kingpin of the conspiracy, in furtherance of which a huge amount of ₹ 2.55 crores was collected as b ..... X X X X Extracts X X X X X X X X Extracts X X X X
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