High Court Of ChhattisgarhMCRC/2708/2021allowed

Sunil Parwa v. State Of Chhattisgarh

2021-07-07Hon'Ble The Acting Chief Justice2 pages

MCRC No. 2708 of 2021 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2708 of 2021

1. Sunil Parwa, son of Damodar Parwa, aged about 26 years, resident of Ramja, Brajrajnagar, District Jharsuguda (Odisha) ---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer, Police Station Kotraroad, Raigarh District Raigarh (CG) ---- Non-Applicant For Applicant : Shri Ashish Gupta, Advocate.

For Non-Applicant : Shri VR Tiwari, Additional AG. Proceeding Through Video Conferencing Hon'ble Shri Prashant Kumar Mishra, Ag CJ Order On Board 07/07/2021 :

1. The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No.17/2019 registered in Police Station: Kotraroad, Raigarh District Raigarh for offence under Section 279, 337 & 338 of the IPC.

2. The present application under Section 439 of the CrPC filed on 26th March, 2021 has come up for hearing on admission after more than 3 months for the reason that there were some defects in the bail application which was removed subsequently after 18.6.2021.

3. The matter is posted for hearing on admission but considering the nature of offence, I proceed to decide the application on merits, as the

MCRC No. 2708 of 2021 learned State Counsel submits that the case diary is available.

4. The applicant was earlier arrested for committing offence under Sections 279, 337 and 338 of the IPC and was released on personal bond as all the offences are bailable. On account of his non-appearance during trial, the trial Magistrate issued warrant of arrest in execution of which the applicant was arrested on 22.2.2021 and since then he is in jail.

5. It is informed that the applicant is presently released on parole.

6. Considering the entire fact situation of the case and for the fact that the offences are bailable in nature, the applicant is in jail since 22.2.2021, as he was arrested in execution of non-bailable warrant, I am inclined to release the applicant on bail.

7. Accordingly, the application is allowed and the applicant is directed to be released on bail on his executing a personal bond for a sum of Rs.50,000/- with one surety for the like amount to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given by the said Court.

Sd/- (Prashant Kumar Mishra) Acting Chief Justice Barve