Mazhar Ali v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2141 of 2017

1. Mazhar Ali S/o Abdul Rashid Aged About 35 Years R/o Dabripara, Baikunthpur, Police Station & Tahsil Baikunthpur, District Korea, Chhattisgarh.

---- Petitioner

Versus

1. State Of Chhattisgarh Through Station House Officer Police Of Police Station Khadgawa, District Korea Chhattisgarh ---- Respondent For Petitioner Ms. Hamida Siddique, Advocate For Respondent/State Shri Aditya Sharma, Panel Lawyer Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 25/05/2017 1.

Heard.

2.

The applicant has preferred this application filed under Section 439 of the Cr.P.C. for grant of regular bail as he is arrested in connection with crime No.6/2017 registered in Police Station Khadgawa, Dist. Korea (CG) for the offence punishable under Section 419, 420, 467, 468, 471 & 120-B read with Section 34 of the Indian Penal Code.

3.

Case of the prosecution, in brief, is that a report was made by the complainant Sukhman that the land of Sukhman was sold by Dhaniram & Radhika and Radhika was personified as Sukhman

and the sale deed was executed in favour of Abdul Momin and Jamsed in respect of land bearing Khasra No.1.760 hr.,at village Banjaridhnan. On investigation it was found that the said land was recorded in the name of Sukhman and thereby the aforesaid offence was committed. As against the present applicant Mazhar Ali it is alleged that he has appended his signature as a witness to the sale deed.

4.

Admittedly, co-accused Abdul Momin, who has purchased the land in which the applicant has appeared as a witness, has already been released on bail in M.Cr.C.No.659 of 2017. 5.

Having heard learned counsel for the parties and considering the facts and circumstances of the case; further considering the fact that the applicant is in jail since 28-2-2017; and the offences are triable by the Judicial Magistrate First Class, this Court is inclined to release him on bail. 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/- Vacation Judge Prashant Kumar Mishra Gowri