Tameshwar Diwan v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5909 of 2015 Tameshwar Diwan S/o Tetkuram Diwan Aged About 35 Years Caste Kanwar, R/o Belardona, Tahsil & P.S. Maglond, Civil & Revenue Distt. Dhamtari, Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh Through State Economic Crime Investigation/anticorruption Bureau, Raipur, Distt. Raipur, Chhattisgarh.

---- Respondent For applicant - Shri C.R. Sahu, Advocate.

For Respondent/State - Shri Ashish Shukla, G.A. Hon'ble Shri Justice Goutam Bhaduri Order 4/11/2015 1.

The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No. 51/2009 registered in Police Station State Economic Crime Investigation/Anticorruption Bureau, Raipur, District-Raipur (C.G.) for offence punishable under section 420, 467, 468, 471, 120-B/34 of Indian Penal Code and Section 13 (1), D, 13(2) Anticorruption Act.

2.

As per the prosecution case the applicant was appointed as Shiksha Karmi Grade-II and during such appointment in 2006-2007 he submitted forged certificate of experience he had experience from Government Higher School Belardona which was signed by the President and the Head Master of the concerned school. Thereafter, after enquiry

since it was found forged, charge sheet has been filed and applicant is arrested.

3.

Learned counsel for the applicant submits that certificate which was issued by the school is genuine one and only on the basis of the fact that present Head Master has not signed it, government has presumed that it is forged one. He submits that he is patient of cancer and charge sheet has been filed, therefore taking into account nature of evidence which is documentary in nature, applicant may be enlarged on bail. 4.

Learned State counsel opposes the prayer for grant of bail. 5.

Having regard to the fact that charge sheet in this case has been filed, taking into gravity of the offence and the charges and the allegations levelled and the fact that applicant is in jail since 2/09/2015, 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. Certified copy as per rules.

Sd/- (Goutam Bhaduri) JUDGE gouri