Sunit Kasde v. The State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7356 of 2017 Sunit Kasde Wrongly Mentioned As Kadse In Lower Court Rejection Order S/o Late Laxman Kasde, Aged About 27 Years, R/o Balco Sector House No. 39/ A, Balco Colony, Thana Balco, Civil & Revenue District Korba, Chhattisgarh, Chhattisgarh --- Petitioner

Versus

The State of Chhattisgarh through The Station House Officer, Police Station Bodhghat, Jagdalpur, Civil and Revenue District Bastar, Chhattisgarh, Chhattisgarh --- Respondent For the applicant :

Mr. Punit Ruparel, Advocate For the Respondent :

Mr. Adhiraj Surana, Dy.Govt. Adv.

Hon'ble Shri Justice Goutam Bhaduri Order on Board .02.2018

1. This is second bail application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicant in connection with Crime No. 360 of 2014 registered at Police Station Bodhghat, Distt. Bastar (C.G) for the offence punishable under Sections 467, 468, 471, 419, 420, 409, 119, 182, 211, 120-B read with section 34 of IPC.

2. As per the prosecution case, the applicant along-with other accused while working as Contractor in CSPDCL submitted forged bill and initially withdrew an amount of Rs.4,62,243/- and then Rs.24,87,871/- and thereafter the total amount in different crime numbers withdrew Rs.1,49,79,513/-.

3. Learned counsel for the applicant would submit that the applicant is in jail since 03.07.2015 and more than 2 years 7 months & 15 days have been passed and out of 26 witnesses, only one witness has been examined, therefore, there is considerable delay in the process of trial and the

applicant may be enlarged on bail.

4. On the other hand, learned State Counsel opposes the bail application.

5. The submission made by the learned State Counsel would show that one witness Ram Vilas Bamne was being examined from 09.02.2016 and ultimately his cross examination was complete on 07.01.2018 and there are 7 other accused in this case.

6. Considering the fact that the applicant is in jail since 03.07.2015; offence is triable by the JMFC and further considering the delay which has caused in trial, I am inclined to release the applicant on bail.

7. Accordingly, this application is allowed and the applicant is directed to be released on bail on his executing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court for his appearance before the said Court as and when directed. C.c.

as per rules.

Sd/- GOUTAM BHADURI JUDGE R a o