TMI Blog2023 (3) TMI 848X X X X Extracts X X X X X X X X Extracts X X X X ..... here is no material changes in the circumstances, in which the applicant may be deserve for bail. HELD THAT:- Taking note of the fact that the applicant's earlier two bail applications were rejected on merit after considering all the facts and circumstances of the case and the arguments advanced by counsel for the applicant; the applicant is a habitual offender or not is the fact which may be proved during trial; although the co-accused Shankar Singh Yadav has been enlarged on bail in SHANKAR SINGH YADAV VERSUS DIRECTORATE OF REVENUE INTELLIGENCE ANR. [ 2023 (3) TMI 791 - SC ORDER ], but the case of present applicant is different from the co-accused Shankar Singh Yadav, therefore, he cannot claim parity with the co-accused Shankar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on the said information investigating authority intercepted the vehicle bearing Registration No. MP07-CK-8887 near the Sonway Toll Plaza, Indore on 24.4.2022. During the search of the vehicle, officers of DRI found 3 yellow metal bars wrapped in papers from the specially built cavity under the seat adjacent to the Driver seat. On unwrapping the papers, it was found that on 2 gold bars Valcambi Suisse 1 kg gold 995.0 and on one gold bar Essaycurfoundeur was written and on one bar AL ETIHAD GOLD Dubai UAE 1 Kilo Gold 995.0 Melter Assayer was written. By 3 inquiring the person siting on the driver seat, the applicant informed his name as Shri Shankar Singh Yadav. The person sitting beside the driver seat was named as Vaibhav Jain and o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2. He is the partner in M/s Sai Baba Jewellery and other partner is his brother Manish Valecha. The Gold Coin Case which was pending before the Commissioner of Custom (Appeal), Mumbai has been decided on 03/03/2023 (Annexure-A/2) and accordingly, the impugned order therein has been quashed. The applicant is not the habitual offender as held in earlier bail orders. He was first time arrested in this case. No other criminal case is pending against him throughout India. He is suffering from various diseases, but he is under constant fear of not recovering from surgery from Government Hospital. The gold recovered in the instant incident was purchased from the accused by the other co-accused persons. Investigation is over and charge-sheet has be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 13/03/2023 of Hon'ble Apex Court, but the case of present applicant is different from the co-accused Shankar Singh Yadav, therefore, he cannot claim parity with the co-accused Shankar Singh Yadav. So far as medical ground taken by the applicant is concerned, from the report dated 06/03/2023 issued by Meeical Officer, Central Jail, Indore, it is clear that proper treatment is being provided to present applicant and he had been sent to M.Y. Hospital, Indore for the purpose of colonoscopy and other treatment and he was advised for surgery at M.Y. Hospital, Indore, but after admission, the applicant himself denied for the aforesaid surgery; the applicant himself is not ready to take treatment; the required treatment is available in Gove ..... X X X X Extracts X X X X X X X X Extracts X X X X
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