Rajesh Meshram v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MISC. CRIMINAL CASE NO. 8440 OF 2016 Rajesh Meshram, aged about 46 years, S/o Kapurchand, R/o Karbala, Kodu Chowk, Karbala, Police Station- City Kotwali, Bilaspur, District Bilaspur (C.G.) ... Applicant

Versus

State of Chhattisgarh, through Station House Officer, Police Station City Kotwali, Mungeli, District Mungeli (C.G.) ... Non-applicant For Applicant :

Mr. V.K. Tekam, Advocate.

For Respondent-State :

Mr. S.R.J. Jaiswal, Panel Lawyer.

Hon'ble Shri Justice P. Sam Koshy Order on Board 20/12/2016 1.

This is the second bail application seeking for grant of bail to the Applicant who is in jail since 26.10.2015 in connection with Crime No. 553 of 2013 registered at Police Station Citi Kotwali, District Mungeli, for the offence punishable under Sections 419, 420, 467, 468, 471, 120-B of IPC. 2.

The first bail application of the Applicant was rejected by this Court on 6.6.2016 in M.Cr.C. No. 2565 of 2016, with a liberty to revive the same after some time.

3.

Learned Counsel for Applicant submits that the report of the Handwriting expert has been obtained and in which it has been opined that there is no thumb impression of the present Applicant in the lease deed. He further submits that it is a case where the present Applicant is in jail since 26.10.2015 and as such he has already remained in custody for a period of about 1 year and 2 months and therefore taking into consideration the period of custody and the opinion of the Handwriting expert, the Applicant may be released on bail. 4.

Counsel for the State however opposes the prayer for grant of bail.

-25.

Without commenting on merits, considering the totality of the facts and circumstances of the case, particularly taking note of the opinion of the Handwriting expert and also taking into consideration the period of custody undergone by the Applicant, this Court is inclined to grant bail to the Applicant.

6.

Accordingly, the application for grant of bail is allowed. It is directed that the Applicant shall be released on bail on his furnishing a personal bond for a sum of Rs.25,000/- with one surety of the like sum to the satisfaction of the concerned Trial Court for his appearance as and when directed.

Sd/- (P. Sam Koshy) /sharad/ Judge