Golak Patwari And Another v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 540 of 2021

1. Golak Patwari S/o Shri Adhir Patwari Aged About 52 Years By Caste-Namoshudra, R/o Village Taraimar, P.S. And TahsilDharamjayagarh, Civil And Revenue District Raigarh, Chhattisgarh.

2. Shivaji Sarkar S/o Shri Dushashan Aged About 30 Years By CasteNamoshudra, R/o Village- Dharamjaygarh Colony, P.S. And Tahsil- Dharamjaygarh, Civil And Revenue District Raigarh, Chhattisgarh.

---- Applicants

Versus

1. State Of Chhattisgarh Through The Station House Officer Police Station- Patthalgaon, District Jashpur Chhattisgarh. ---- Respondent For Applicants Mr. Sunil Sahu, Advocate For Respondent /State Mr. Arjit Tiwari, Panel Lawyer (Proceedings through Video Conferencing) Order On Board By Prashant Kumar Mishra, Ag. CJ 5-7-2021 1.

The applicants have preferred this application for grant of anticipatory bail, as they apprehend their arrest in connection with Crime No.73/2021, registered at Police Station Patthalgaon, District Jashpur (CG), for offence punishable under Section 420/34 of the Indian Penal Code.

2.

The accused persons have committed misappropriation/ defalcation of Rs.25,43,320/- by fraudulently obtaining loan from

Shri Ram Finance Company in the name of fake & non-existing shops.

3.

Learned counsel appearing for the State, per contra, would oppose the bail application.

4.

Considering the nature of allegations and particularly considering the fact that whopping amount involved in the case, this Court is not inclined to extend the benefit of Section 438 of the Cr.P.C. to the applicants.

5.

Accordingly, the anticipatory bail application is rejected. However, in the event applicants surrender and move the regular bail application, the jurisdictional Court shall consider and decide the same expeditiously.

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