Raju Pawar & ORS. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No.4191 of 2020

1. Raju Pawar, S/o Late Jhadiram Pawar, Aged About 32 Years, Caste Parghi

2. Anil Pawar, S/o Late Rajkumar Pawar, Aged About 21 Years, Caste Parghi Both are R/o Village Khurshidih, Thana Pulgaon, District- Durg, Chhattisgarh

3. Ramdhari Pawar, S/o Nand Kumar Pawar, Aged About 30 Years, Caste Parghi, R/o Village - Damoda Pulgaon, Thana DistrictDurg, Chhattisgarh ---- Applicants

Versus

• State Of Chhattisgarh Through The Additional Public Prosecutor Khairagarh, District- Rajnandgaon, Chhattisgarh ---- Respondent For Applicant Shri V. K. Sahu, Advocate For Respondent-State Ms. Fouzia Mirza, Addl. AG Proceeding through Video Conferencing Hon'ble Justice Shri Prashant Kumar Mishra Order On Board 14/08/2020 1.

The applicant has preferred this bail application under Section 439 of the CrPC, as he has been arrested in connection with Crime No.59/2019 (As per charge sheet) and Criminal Case No.709/2019, registered at Police Station Gatapar, District Rajnandgaon (C.G.) for the offence punishable under Sections 457 & 380 read with Section 34 of IPC.

2.

The applicants have committed theft of gold and silver ornaments valued at Rs.29,400/- from the house of the complainant during the intervening night of 17th and 18th November, 2019. 3.

Learned State counsel would oppose the application for grant of bail, however, she would submit that the concerned SHO has not reported the antecedents of having committed in similar nature of crime.

4.

Considering that the applicants are in jail since 18.11.2019 i.e. for about 9 months and the charge sheet has already been filed and the offences are trialable by the Judicial Magistrate First Class, this Court is inclined to release the applicants on bail. 5.

Accordingly, the application is allowed and the applicants are directed to be released on bail on each of them 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. They are directed to appear before the trial Court on each and every date given by the said Court.

Sd/- Prashant Kumar Mishra Judge Nirala