Vishnu Netam v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2427 of 2016 Vishnu Netam S/o Mehatar Netam Aged About 60 Years R/o Village - Ameri, P.S. - Bhilai-3 Tehsil - Patan District - Durg Chhattisgarh ---- Applicant

Versus

State of Chhattisgarh Through : Station House Officer, Police Station, Purana Bhilai, District : Durg Chhattisgarh ---- Non-applicant -------------------------------------------------------------------------------------------------------------- Applicant by Mr. Shailendra Bajpai, Adv.

Non-applicant by Mr. Anil Pandey, Govt. Advocate.

-------------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Manindra Mohan Shrivastava Order on Board 31-5-2016

1. Heard.

2. The applicant has been arrested on 28-9-2015 in connection with Crime No. 13/2014 registered in Police Station Purani Bhilai, Distt. Durg for offence punishable under Sections 420, 467, 468, 471 and 120(B) of the Indian Penal Code.

3. Case of the prosecution is that under the power of attorney allegedly executed by Santuram Sonwani and Ramhla Bai in favour of Venkateshwar Prasad Chandrakar, the land belonging to Santuram Sonwani was sold to one Amit Baghel. According to the prosecution, Venkateshwar Prasad Chandrakar has cheated the actual owners of the land. The applicant herein is involved as one of the attesting witnesses who is alleged to have introduced Venkateshwar Prasad Chandrakar.

4. Learned Counsel for the applicant submits that the applicant has not committed any offence. He was only an attesting witness. Co-accused persons namely Venkateshwar Prasad Chandrakar, Nohar Pal and Sohanpal all have been granted bail by this Court. Therefore, under these circumstances, when no further interrogation is necessary, the applicant may also be enlarged on bail.

5. On the other hand, learned counsel for the State opposes the application for grant of bail to the applicant.

6. Taking into consideration the submission made by learned counsel for the

applicant, the nature of allegation, extent of role alleged to have been played by the applicant and other co-accused persons namely Venkateshwar Prasad Chandrakar, Nohar Pal and Sohanpal who executed the sale deed as power of attorney holder have been granted bail, present application filed under Section 439 of the Cr.P.C. is allowed.

7. It is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs. 25,000/- with one local surety in the like sum to the satisfaction of the concerned trial court for his appearance as and when directed.

Sd/- Manindra Mohan Shrivastava Vacation Judge Pathak