Geeta Bhaskar @ Ballu v. The State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2529 of 2019 Geeta Bhaskar @ Ballu S/o Shri Jayshree Lal Aged About 32 Years Caste- Ghasiya, R/o Village- Bakaruma, Police StationDharamjaigarh, Civil And Revenue District- Raigarh, Chhattisgarh., District : Raigarh, Chhattisgarh ---- Applicant
Versus
The State Of Chhattisgarh Through The Station House Officer, Police Station- Patthalgaon, District- Jashpur, Chhattisgarh., District : Jashpur, Chhattisgarh.
---- Respondent For the Applicant :
Shri Sumit Shrivastava, Advocate For the State :
Shri SRJ Jaiswal, Panel Lawyer ----------------------------------------------------------------------------------------------- Hon'ble Shri Justice Sharad Kumar Gupta Order On Board /04/2019
1. This is the first bail application under Section 439 of the CrPC and there is no bail application is pending before any other Court.
2. Perused the case diary provided by the learned counsel for the State in connection with the Crime No.319/2018 registered at Police Station Patthalgaon, District Jashpur (C.G.) for the offence punishable under Sections 392, 395 and 397 of IPC.
3. Case of the prosecution, in brief is that on 20/12/2018, between 18.30 hours to 19.00 hours, at Teg Fuel Petrol Pump Sukharapara, Patthalgaon two unknown persons who covered their faces by clothes looted Rs. 46,134/- from the Salesman Basant Yadav.
4. The complicity of the applicant is described in the memorandum of co-accused Farnu Ekka.
5. Learned counsel for the applicant submits that he is innocent and falsely implicated in the present case, therefore, he shall be released on bail.
6. On the other hand, counsel for the State opposes the bail application and submitted that no case has been registered against the applicant.
7. As per the Section 27 of the Indian Evidence Act, an accused of any offence gives some information in custody and in consequence thereof, any fact is discovered then such portion of the information is admissible as is distinctly relates to the discovery. Such information may confessional or not.
8. Hon'ble Supreme Court in the matter of Madhu vs. State of Kerla (2012) 2 SCC 399 has laid down the following judicial precedent :- 'Relevance of the confessional statements would depend upon discovery of unknown facts based on information supplied by accused if any fresh fact have been discovered on basis of
confessional statement made by accused, the same would be relevant. If not, confessional statement cannot be proved against the detriment of accused.'
9. Hon'ble Supreme Court in the matter of Jitendra Kumar vs. State of Haryana (2012) 6 SCC 204 has laid down the following judicial precedent :- 'What has been recorded in disclosure statement of accused cannot be taken to be confession of accused in relation to commission of the crime but other part by which the motorcycle was recovered would be portion admissible in evidence. Admissible part can be safely segregated from inadmissible part in this statement.'
10. Looking to the provision of Section 27 of the Evidence Act and aforesaid judicial precedents, laid down by Hon'ble Supreme Court in Madhu (supra) and Jitendra Kumar (supra), this court finds that the information given by an accused through memorandum is admissible in evidence to such extent it relates to the discovery of some incriminating article.
11. The Additional Session Judge, Kunkuri overlooked this well settled legal principle which should have been considered.
12. Looking to the above mentioned facts and circumstances of the case, looking to the evidence available on record against the applicant it is ordered that if the applicant furnishes one solvent surety for a sum of Rs. 25,000/- along with a personal bond in the like sum to the satisfaction of the concerned Court with the condition that he shall appear before the trial Court at 11.00 am as and when directed till trial and he would cooperate during the trial, he shall be released on bail.
13. Certified copy as per rules.
Sd/- (Sharad Kumar Gupta) Judge Kamde