Bhanwar Lal Pawar v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5841 of 2017 Ashok Verma S/o Ramji Verma, Aged About 33 Years R/o Village Barga, Police Station Khamariya, District Bemetara, Chhattisgarh. ---- Petitioner
Versus
State Of Chhattisgarh Through The Station House Officer, Police Station Khamariya, District Bemetara, Chhattisgarh.
---- Respondent MCRC No. 6086 of 2017 Bhanwar Lal Pawar S/o Kesharimal Pawar, Aged About 53 Years R/o Saja, Police Station Saja, District Bemetara, Chhattisgarh. ---- Applicant
Versus
State Of Chhattisgarh Through The Station House Officer, Police Station Than Khamhariya, District Bemetara, Chhattisgarh.
---- Respondent And MCRC No. 5474 of 2017 Sanat Patel S/o Shri Om Prakash Patel, Aged About 35 Years R/o Village Bagledi, Police Station And Tahsil - Thankhamhariya, District Bemetara Chhattisgarh.
---- Applicant
Versus
State Of Chhattisgarh Through Station House Officer, Police Station Thankhamhariya, District Bemetara Chhattisgarh. ---- Respondent Ms. Sharmila Singhai, Shri Praveen Dhurandhar and Shri Vaibhav Goverdhan, counsel for respective applicants.
Shri Shashank Thakur, Govt. Advocate for the State.
Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 22/11/2017 All the three bail applications are being disposed off by this common order as they arise out of the same crime number.
The applicants have been arrested in connection with Crime No.65/2017 registered at Police Station - Khamriya, District - Bemetara (CG) for alleged commission of offences under Section 420, 467, 468, 471/34 of IPC. 2.
Case of the prosecution is that the applicants along with four persons, falsely represented Yuvraj Sharma as Birendra and the property of Birendra was got sold by such impersonation.
3.
Learned counsel for the applicants - Sanat Patel and Ashok Verma submit that these applicants had neither signed nor identified or witnessed any document and no incriminating material seized from their possession to connect them with the alleged offence. It is submitted that investigation is complete, charge sheet has been filed and these applicants are not likely to abscond or tamper with the prosecution witnesses.
Learned counsel for the applicant Bhanwar Lal Pawar submits that the so called identification of Yuvraj as Birendra by the applicant was only bonafide act. 4.
On the other hand, learned State counsel opposes bail application and submits that in a well hatched design to cheat, two of them cheated and the other accused, knowing fully well, facilitated execution of sale deed and received consideration in the hands of Sanat Patel.
5.
Taking into consideration the submission of learned counsel for the parties, considering the period of detention and the material against Sanat Patel and Ashok Verma, I am inclined to grant them bail.
6.
Accordingly, bail applications of Sanat Patel and Ashok Verma are allowed. It is directed that they shall be released on bail on each of them furnishing a personal bond in the sum of Rs.25,000/- along with one local surety for the like amount to the satisfaction of the Trial Court. They shall appear before the Trial Court regularly on each and every date, unless exempted from appearance.
7.
Bail application of Bhanwar Lal Pawar is rejected though with liberty to revive, in case, trial is not concluded within three months. Certified copy as per rules.
Sd/- ( Manindra Mohan Shrivastava ) Judge Deepti