Sunit Kasde v. The State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2011 of 2018 Sunit Kasde 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.--- Petitioner

Versus

The State of Chhattisgarh through the Station House Officer, Police Station Champa, District- Janjgir-Champa, Chhattisgarh. --- Respondent For the applicant :

Mr. Punit Ruparel, Advocate.

For the Respondent :

Mr. Sangharsh Pandey, Dy.G.A.

Hon'ble Shri Justice Goutam Bhaduri Order on Board .05.2018

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. 366/2014 registered at Police Station Champa, Distt. Janjgir Champa (C.G) for the offences punishable under Sections 467, 468, 471, 419, 420, 409 read with section 34 of IPC & Section 66(C), 66(D) of the IT Act.

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and then Rs.24,87,871/- and thereafter the total amount of Rs.1,49,79,513/- in different crime numbers was withdrawn.

3. Learned counsel for the applicant submits that relating to the same crime number i.e., 366/2014, similarly placed coaccused Ghanshyam Vidhwani has been enlarged on bail by order dated 19.03.2018 passed by Hon'ble the Supreme

Court in SLP (CRL) No.10370/2017. He placed on record the copy of the Supreme Court order which contains 3 SLPs bearing SLP (Crl) Nos.10367/2017, SLP (Crl) No. 10395/2017 & SLP (Crl) No.10370/2017 and would submit that similarly placed accused person has been enlarged on bail on the ground that his incarceration is continuing from 30th April, 2015.

4. Mr. R.D. Kurre, the Investigating Officer is present before the Court. Learned State Counsel as also the I.O., would submit that the order passed by the Supreme Court on 19.03.2018 in SLP (Crl) No. 10370/2017 is in respect of another accused Ghanshyam Vidhwani, which also relates to Crime No. 366 of 2014. It is further submitted by the State Counsel that the applicant has been initially arrested in case of Jagdalpur in the year 2015 and he has been formally arrested in Crime No.366/2014 on 11.01.2016.

5. Perused the order of Hon'ble the Supreme Court. It appears that the other accused has been enlarged on bail considering his period of custody in jail. Taking into consideration the fact that the case of the present applicant is similar to that of other accused Ghanshyam Vidhwani, which is also not disputed by the state, it is directed that present applicant Sunit Kasde shall be released on bail subject to furnishing an amount of Rs.5,00,000/- and two sureties of the like sum to the satisfaction of the trial Court.

6. Accordingly, the bail application is allowed. Sd/- GOUTAM BHADURI JUDGE R a o