High Court Of ChhattisgarhMCRC/1939/2017allowed

Thanuram Jaiswal v. State Of Chhattisgarh

2017-05-25Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1939 of 2017 • Thanuram Jaiswal S/o Vishwanath Jaiswal Aged About 39 Years R/o Village Sanwadabra, Police Station Takhatpur, District- Bilaspur, Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through Police Station Takhatpur, DistrictBilaspur, Chhattisgarh. ---- Non-Applicant For Applicant : Shri Sandeep Shrivastava, Advocate. For Non-Applicant : Shri Arvind Dubey, Panel Lawyer. HON'BLE The Vacation Judge Order On Board 25/05/2017

1. The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No.36/2014 registered in Police Station Takhatpur, District Bilaspur for offence punishable under Sections 420, 409, 467, 468 and 201/34 of the IPC.

2. The applicant and other accused persons, all office bearers of Gram Panchayat Podikala and Sanwadabra along with Postmaster Siltara have allegedly made excess payment to the labourers for one week by showing the labourers to have worked for 4 weeks whereas, in fact, they have worked for only 3 weeks. In the report conducted by the joint

team of CEO, Janpad Panchayat, Takhatpur; SDO, RES, Takhatpur; the Programme Officer, MGNREGA, Janpad Panchayat, Takhatpur; Sub Engineer, Janpad Panchayat, Takhatpur and Technical Assistant, Janpad Panchayat, Takhatpur, a finding has been recorded that the applicant and Postmaster Siltara Chandan Das Vaishnav are mainly responsible for embezzlement along with Sarpanch, Secretary and Rojgar Assistant, who failed to properly supervise the work.

3. Considering the fact that Postmaster Chandan Das Vaishnav has already been released on anticipatory bail in MCRC(A) No.256/2014; the applicant is in jail since 17.1.2017; the offences are triable by the Judicial Magistrate First Class and charge sheet has already been filed, this Court is inclined to release the applicant on bail.

4. Accordingly, the application is allowed and the applicant is directed to be released on bail on his executing a personal bond for a sum of Rs. 25,000/- with one surety for the like amount to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given by the said Court.

Sd/- V. Judge (Prashant Kumar Mishra) Barve