Awadhram Mohle v. State Of Chhattisgarh.
HIGH COURT OF CHHATTISGARH, BILASPUR M.CR.C. No. 4529 of 2018 Chandrahash Sahu, S/o. Shri Dashru Sahu, Aged About 41 Years, R/o.- Village Pahanda, Nearby Leela Chowk, Arang, District- Raipur. Presently Residing at Karan Nagar, Changorabhatha, Raipur, District- Raipur, Chhattisgarh.
---- Applicant
Versus
The State of Chhattisgarh, Through- Police Station Civil Line, Raipur, DistrictRaipur, Chhattisgarh. ----Respondent M.CR.C. No. 4535 of 2018 1.
Awadhram Mohle, S/o. Late Ramsahay Mohle, Aged About 58 Years, 2.
Baisakhu Mohle, S/o. Late Ramsahay Mohle, Aged About 60 Years, Both are R/o- Village Kabratola, Police Station Lormi, Tahsil Lormi, District- Mungeli, Chhattisgarh.
---- Applicants
Versus
The State Of Chhattisgarh, Through- Police Station Civil Line, Raipur, DistrictRaipur, Chhattisgarh. ---Respondent AND M.CR.C. No. 5095 of 2018 Rajendra Lahare, S/o. Shri Sewaram Lahare, Aged About 35 Years, R/o. Village Jhonka, Post Office Keveli, Police Station- Lalpur, Tahsil Lormi, District Mungeli Chhattisgarh.
---- Applicant
Versus
The State Of Chhattisgarh, Through- Police Station Civil Line, Raipur, DistrictRaipur, Chhattisgarh. ---- Respondent For Applicants :
Mr. Malay Bhaduri, Advocate & Mr. Shivendu Pandya, Advocate For Respondent :
Mr. Anupam Dubey, Dy. G.A.
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Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 16/07/2018 1.
All the bail applications are heard and decided together by this common order as they are arising out of the same crime number and the incident.
2.
These are the first bail applications filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicants who have been arrested in connection with Crime No. 41/2018, registered at Police Station- Civil Lines, Raipur, District - Raipur (C.G.) for the offence punishable under Section 420, 467, 468, 471, 419, 120-B, 201, 34 of the Indian Penal Code.
3.
Learned counsels for the applicants submits that the applicants have been falsely implicated in this case. It is further submitted that similarly placed co-accused persons have been enlarged on bail by this Court vide order dated 28.06.2018 in M.Cr.C. No..2808/2018 and other connected matters. Hence, it is prayed that the applicants may also be enlarged on bail.
4.
On the other hand, the learned counsel appearing for the State opposes the bail application and the submission made in this respect. It is submitted that the applicant Baisakhu and Awadhram impersonated as the land owners in the concerned registration of the sale deed, whereas Chandrahas was the witness of the said sale deed and the Rajendra Lahre was the person, who arranged all these impersonator, hence, they are not entitled for grant of bail.
5.
I have heard the learned counsel for the parties and perused the documents placed on record.
6.
The case of the prosecution in brief is that co-accused Shishupal informed the another co-accused persons Rajeev Dutta about one unclaimed land. The co-accused Rajeev Dutta got prepared the papers from the revenue department and collaborated with rest of the accused persons to make a sale of said land by impersonation to Jitendra Goyal. The sale proceeds were obtained and has been misappropriated by all the accused persons. Complainant Ajam Khan lodged FIR, who happens to be the real owner of the land, hence, this case.
7.
Considered the submissions made and the contents of the case diary. Considering on all the material present in the charge-sheet and further considering this fact that similarly placed co-accused persons have been enlarged on bail by this Court, hence for this reason, this Court is of the opinion that present is a fit case, in which, the applicants should be enlarged on regular bail.
8.
Accordingly, the bail applications filed under Section 439 of Cr.P.C. is allowed.
9.
It is directed that the applicants shall be released on bail on their furnishing a personal bond for a sum of Rs.25,000/- with one surety each in the like sum to the satisfaction of the concerned trial Court, for their appearance as and when directed.
Certified copy as per rules.
Sd/- (Rajendra Chandra Singh Samant) Judge Balram