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High Court Of ChhattisgarhMCRC/6855/2020allowed

Shoorvir Markam & Another. v. State Of Chhattisgarh

2020-12-04Hon'Ble Shri Justice Prashant Kumar Mishra8 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6691 of 2020

1. Shoorvir Markam S/o Sushil Markam Aged About 20 Years R/o Kawardha, District Kabirdham Chhattisgarh And Tahsil Kawardha, District Kabirdham Chhattisgarh MCRC No. 6700 of 2020

1. Shoorvir Markam S/o Sushil Markam, Aged About 20 Years R/o Kawardha, District Kabirdham, Chhattisgarh And Tahsil Kawardha, District Kabirdham, Chhattisgarh District Kabirdham, Chhattisgarh MCRC No. 6849 of 2020

1. Shoorvir Markam S/o Sushil Markam Aged About 20 Years R/o Kawardha, District Kabirdham Chhattisgarh

And Tahsil Kawardha, District Kabirdham Chhattisgarh MCRC No. 6852 of 2020

1. Shoorvir Markam S/o Sushil Markam Aged About 20 Years R/o Kawardha, District Kabirdham Chhattisgarh And Tahsil Kawardha, District Kabirdham Chhattisgarh MCRC No. 6855 of 2020

1. Shoorvir Markam S/o Sushil Markam Aged About 20 Years R/o Lohara Naka, Dewarpara, Kawardha, Police Station And TahsilKawardha, District- Kabirdham, Chhattisgarh And Tahsil- Kawardha, District- Kabirdham, Chhattisgarh

• State Of Chhattisgarh Through- District Magistrate, Kawardha, District- Kabirdham, Chhattisgarh MCRC No. 6864 of 2020

1. Shoorvir Markam S/o Sushil Markam Aged About 20 Years R/o Kawardha District Kabirdham Chhattisgarh And Tahsil Kawardha District Kabirdham Chhattisgarh MCRC No. 6871 of 2020

1. Shoorvir Markam S/o Sushil Markam Aged About 20 Years R/o Kawardha, District Kabirdham Chhattisgarh And Tahsil Kawardha, District Kabirdham Chhattisgarh

MCRC No. 6872 of 2020

1. Shoorvir Markam S/o Sushil Markam, Aged About 20 Years R/o Lohara Naka, Dewarpara, Kawardha, Police Station And TahsilKawardha, District- Kabirdham, Chhattisgarh And Tahsil- Kawardha, District- Kabirdham, Chhattisgarh • State Of Chhattisgarh Through- District Magistrate, Kawardha, District- Kabirdham, Chhattisgarh MCRC No. 6883 of 2020

1. Shoorvir Markam S/o Sushil Markam, Aged About 20 Years R/o Lohara Naka, Dewarpara, Kawardha, Police Station And Tahsil - Kawardha, District - Kabirdham Chhattisgarh

2. Raj Merawi @ Chhote Dewar S/o Krishna Dewar, Aged About 19 And Tahsil - Kawardha, District - Kabirdham Chhattisgarh • State Of Chhattisgarh Through - District Magistrate, Kawardha, District - Kabirdham Chhattisgarh MCRC No. 6885 of 2020 • Shoorvir Markam S/o Sushil Markam Aged About 20 Years R/o Kawardha, District Kabirdham Chhattisgarh.

For Petitioner Mr. Dharmesh Shrivastava, Advocate For Respondent /State Mr. Ravish Verma, Govt. Advocate SB.: Hon'ble Mr. Justice Prashant Kumar Mishra Order On Board 4/12/2020

1. Heard.

2. Since all the bail applications are filed by the same applicants, they are being considered and decided by this common order.

3. These are the bunch of 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 the following Crimes by the Police of Police Station Kawardha, District Kabirdham (Chhattisgarh) :

MCRC Numbers Crime Numbers Offence(s) 6691/2020 34/2020 457, 380 & 34 of the IPC 6700/2020 389/2019 457, 380, 411 & 34 of the IPC

6852/2020 25/2020 457, 380, 411 & 34 of the IPC 6864/2020 26/2020 457, 380 & 34 of the IPC 6872/2020 556/2019 457, 380 & 34 of the IPC 6849/2020 32/2020 457, 380 & 34 of the IPC 6871/2020 33/2020 457, 380, 411 & 34 of the IPC 6855/2020 313/2019 457, 380, 411 & 34 of the IPC 6883/2020 7/2020 457, 380, 411 & 34 of the IPC 6885/2020 16/2020 457, 380 & 34 of the IPC filed by applicant Shoorvir Markam only

4. The applicants have committed theft of household articles at different places at different point of time. Although the applicants appear to be habitual offenders but at the same time, it is to be seen that they are in jail for last more than 10 months and the charge sheet has already been filed. The offences are also triable by the Judicial Magistrate First Class.

5. Considering all the relevant aspects of the matter particularly the length of pre-trial detention, I am inclined to release the applicants on regular bail.

6. Accordingly, all the bail applications are allowed and it is directed that the applicants shall be released on bail on each of

them furnishing a personal bond for a sum of Rs.50,000/- with one surety each in the like sum to the satisfaction of the trial Court subject however to the following conditions :- (i) they shall appear before the concerned Police Station on 1st and 15th day of every month;

(ii) if the applicants fail to appear before the Police Station even once, the same shall amount to violation of the condition and the present order granting bail to them shall automatically stand cancelled without further reference to the Bench and in such event, the concerned Police would be entitled to arrest them in all these cases.

(iii) they shall not involve themselves in committing similar nature of crime or any other crime during pendency of the trial in the present cases.

(iv) even if a single crime is registered against the applicants, in that event, the instant bail order shall lose its efÏcacy and shall automatically stand cancelled without further reference to the Bench.

Certified copy as per rules. Sd/- (Prashant Kumar Mishra) Judge Shyna