Manish Solanke v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 5490 of 2018 Manish Solanke S/o Narayan Rao Solanke Aged About 39 Years R/oVaishali Nagar, Bhilai, District- Durg, Chhattisgarh., District : Durg, Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh Through- Station House Officer, Police StationSupela, Bhilai, District- Durg, Chhattisgarh., District : Durg, Chhattisgarh. ---- Respondent For the Applicant :

Shri O.P. Sahu, Advocate.

For the Respondent/State :

Shri Anupam Dubey, Dy. G.A.

Hon'ble Shri Justice Rajendra Chandra Singh Samant

ORDER

20.08.2018 Heard.

1.

This is the second bail application of the applicant. The first bail application of the applicant was decided on merits on 30.1.2018 in M.Cr.C. No. 5908 of 2017. The applicant has been arrested in connection with Crime No.1124 of 2016, registered at Police Station - Supela Bhilai, District Durg, Chhattisgarh for the offence punishable under Sections 420, 409 and 120B/ 34 of the Indian Penal Code.

2.

Learned counsel for the applicant submits that the applicant is in jail since 2.12.2016 and has been falsely implicated in this case. The chargesheet in this case was filed on 13.2.2017 and after a lapse of more than one year, charges have been framed on 27.1.2018 which shows slow progress of

the trial and the trial against the applicant is likely to take much more time before its conclusion. Similarly placed co-accused persons have been granted bail by this Court in M.Cr.C. No. 5908 of 2017 dated 30.1.2018. Hence, it is prayed that the applicant be enlarged on bail. 3.

On the other hand, learned counsel for the State opposes the bail application and the submissions made in this respect. It is submitted that the application for grant of regular bail has been dismissed on merits by this Court. Hence, for these reasons, he is not entitled for grant of bail. 4.

Heard counsel for both the parties and perused the case diary. 5.

There is no need to consider on merits of the case because earlier the bail application has been dismissed on merits by the order of this Court. For the present development of things, it appears that the trial against the applicant is going very slow and there is no likelihood of it being completed in the near future. Hence, under these circumstances, I am of the considered opinion that the applicant deserves to be released on bail. 7.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed.

8.

It is directed that applicant shall be released on bail on furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, for his appearance as and when directed. In case any default is committed by the applicant/s in appearing

before the concerned trial Court, this order granting bail shall stand cancelled automatically.

Sd/- (Rajendra Chandra Singh Samant) Judge Nimmi