Lalit Jham v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5729 of 2018 • Lalit Jham S/o Late Kundan Lal Jham Aged About 50 Years R/o Mahesh Nagar, Qr.No. A 132, Ambala, Police Station Mahesh Nagar, Haryana. ---- Applicant

Versus

• State Of Chhattisgarh Through Police Station City Kotwali Raipur, District Raipur, Chhattisgarh.

---- Non-applicant For Applicant : Shri C.R. Sahu, Advocate.

For Non-applicant : Shri Sangharsh Pandey, Dy. Govt. Advocate Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 31.08.2018 1.

This is first bail application under Section 439 of the Cr.P.C. preferred by the applicant before this Court and no other bail application is pending before any other Court.

2.

Perused the case diary provided by the learned counsel for the State in connection with crime No. 341/2017 registered at Police Station - City Kotwali, District - Raipur (C.G.) for the offence punishable under Section 420, 409/34 of the Indian Penal Code. 3.

Case of the prosecution, in brief is that the applicant, Pushpmohan Sharma, Baljit Singh Sodi and Subhashchandra Sharma were the directors of the M/s Million Miles Infrastructure and Developers Ltd., Ambala. The said company opened branch office at Raipur in the year 2012. The said company took money from more than 59 persons giving assurance that they will make payment double to the amount

within some years. In the year 2017, the said company disappeared. 4.

Learned counsel for the applicant argued that the company is ready to return the money to the investors, the applicant has no criminal background. He is innocent and has been falsely implicated in the present case, therefore, he shall be released on bail. 5.

On the other hand, learned counsel for the State opposes the bail application.

6.

Looking to the facts and circumstances of the case, looking to the allegation and seriousness of the offence, age of the deceased, looking to the impact of granting bail to the applicant on society, this Court is not inclined to give benefit of Section 439 of the Cr.P.C. to the applicant. 7.

Consequently, the present bail application is rejected. 8.

Certified copy as per rules.

Sd/- (Sharad Kumar Gupta) JUDGE kishore