Hemant Kumar Sahu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Criminal Miscellaneous Petition No.

Hemant Kumar Sahu S/o Gokulram, Aged About 45 Years R/o 99 / G, Rishali Sector - Bhilai, Tahsil & Civil & Revenue Distt. Durg ( Chhattisgarh ) ---- Petitioner Vs State Of Chhattisgarh Through The District Magistrate, Durg, Distt. Durg (Chhattisgarh) ---- Respondent For Petitioner:

Mr. Washim Miyan, Advocate For State:

Mr. U.K.S. Chandel, Panel Lawyer Hon'ble Shri Justice P. Sam Koshy Order on Board 12.05.2016

1. The present Petition under Section 482 of Cr.P.C. has been preferred seeking relief of an advantage of bail under Section 437(6) of Cr.P.C. by challenging the order dated 05.10.2015 passed by Additional Sessions Judge, Durg in Criminal Revision Nos. 156/2015.

2. Learned Counsel for the Petitioner submits that the present accused-Petitioner is in jail since 16.10.2014 and there is a delay in the conclusion of the trials. The Petitioner is in jail for more than 11⁄2 years. The delay in conclusion of trials is at no fault on part of the Petitioner, therefore he may be granted advantage of relief invoking provisions under Section 437(6) of Cr.P.C..

3. Learned State Counsel however opposing the Petition submits that the nature of the allegation leveled against the present Petitioner is quite serious and also the amount involved in the alleged fraud committed by the accused-Petitioner is also quite exorbitant, therefore, at this juncture he should not be released on bail.

4. Considering the total facts and circumstances of the case, particularly the nature of the offence alleged against the Petitioner and the amount involved in the offence being exorbitantly high, this Court is not inclined to entertain these Petitions.

5. Accordingly, the Petition is dismissed.

6. However, it is expected that the Court below shall decide the case as early as possible.

Sd/- (P. Sam Koshy) JUDGE kishore