High Court Of ChhattisgarhMCRC/1548/2015allowed

Brijlal Sahu v. Punaram Sahu

2015-05-18Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No.1548 of 2015 Brijlal Sahu, S/o Sukhooram Sahu, aged about 53 years, R/o Panchwati Colony, Police Station & Post Office- Dhamtari, Tahsil & District- Dhamtari (C.G.) ---- Applicant

Versus

Punaram Sahu, S/o Bhawaniram Sahu, aged about 47 years, R/o Village-Jejra, Police Station & Police Office- Rajim, District- Raipur (C.G.) ---- Non-applicant For Applicant.

Shri Shivendu Pandya, Advocate.

For Non-applicant.

Shri Adil Minhaj, Advocate.

Hon'ble the V acation Judge Order On Board 18/05/2015

1. The applicant has preferred this application for grant of bail as he is arrested in connection with Criminal Complaint Case No.219/2013, registered in Police Station -Dhamtari, Tahsil & District- Dhamtari (C.G.) for offence under Sections 420, 467, 468, 471/34 of IPC.

2. The applicant is in jail in connection with the complaint lodged by respondent/complainant Punaram Sahu, wherein he has made allegation that the applicant obtained payment of Rs.2,65,000/- on assurance of providing employment for his son Nirmal Sahu. However, neither he provided employment nor returned the amount.

3. It appears, the applicant was earlier tried by the C.J.M. Dhamtari in criminal case No.525/2008 and has been convicted for committing similar offences

under Section 420, 467, 468 of IPC and has been sentenced to undergo maximum R.I. for two years.

4. On perusal of the said judgment, particularly para 17 thereof, would reveal that the present complainant was a prosecution witness in the said case also and had made similar allegation against the applicant.

5. In the present case, the applicant is in jail since 09.02.2015 and the offences are triable by the Judicial Magistrate First Class.

6. Considering the entire facts and circumstances of the case, this Court is 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.

Vacation Judge Rekha/amita