Subhash Sharma v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3179 of 2018 Subhash Sharma S/o Shri Lokeshwar Sharma Aged About 59 Years R/o H. I. C. C. 109 A, Shailendra Nagar, Raipur, P. S. City Kotwali Raipur District Raipur Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh Through The Station House Officer, P. S. Gol Bazar District Raipur Chhattisgarh ---- Respondent For applicant - Shri Amiyakant Tiwari, Advocate. For Respondent/State -Shri Ashish Shukla, Dy.A.G. For objector- Shri Raza Ali, Advocate.

Hon'ble Shri Justice Goutam Bhaduri Order 11/07/2018 1.

The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No.97/2015 registered in Police Station Golbazar, District Raipur (C.G.) for offence punishable under sections 420, 467, 468, 471/34 of IPC.

2.

As per the prosecution case, complaint was made by Vikram Rana objector that Goodluck Petroleum Pvt. Ltd. obtained a loan from the Punjab National Bank and objector who was also director of Vardhman Infrastructure, property of Vardhman Infrastructure was mortgaged to secure loan. The applicant Subhash Sharma at the time of mortgage signed the papers by personifying Vikram Rana which was forged. Subsequently, property when was attached on failure of repayment of the loan false signature came to fore.

3.

Learned counsel for the applicant submits that the applicant has been falsely implicated in the case. According to the memorandum itself signature of Vikram Rana were present over the loan document. He

further submits that charge sheet has been filed and the applicant is in jail since 16/04/2018. He submits that similarly placed co-accused have been enlarged on bail on 26/07/2016 vide M.Cr.C. No.3992/2016, therefore the applicant may also be released on bail.

4.

Learned State counsel and counsel for the objector opposes the prayer for grant of bail.

5.

Perused the case diary and the documents. Considering the facts of the case, nature of evidence appears to be documentary in nature, applicant is in jail since 16/04/2018, this court is inclined to release the applicant on bail.

6.

Accordingly, the bail application is allowed and it is directed that the applicant shall be released on his furnishing personal bond for a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of concerned trial court for his regular appearance before it as and when directed.

Sd/- (Goutam Bhaduri) JUDGE gouri