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High Court Of ChhattisgarhMCRC/2282/2017dismissed

Horilal And ANR. v. The State Of Chhattisgarh

2017-05-08Hon'Ble Shri Justice Chandra Bhushan Bajpai2 pages

-1HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2282 of 2017

1. Horilal S/o Shri Manjilal, Aged About 27 Years, R/o Village- Santpali, Thana & Tahsil- Saraypali, Civil & Revenue District.- Mahasamund, Chhattisgarh.

2. Sanat S/o Shri Lakeshwar, Aged About 24 Years, R/o VillageKendudhar, Thana & Tahsil- Saraypali, Civil & Revenue DistrictMahasamund, Chhattisgarh. ---- Applicants

Versus

1. The State of Chhattisgarh Through the Station House Officer, Police Station- Civil Lines Raipur, Civil & Revenue District- Raipur, Chhattisgarh.

---- Non-applicant For Applicant - Shri Sunil Sahu, Advocate.

For Non-applicant/State - Shri Sumit Jhanwar, Panel Lawyer. Hon'ble Shri Justice Chandra Bhushan Bajpai Order on Board 08-05-2017 1.

Heard the matter finally.

2.

Learned counsel for the applicants would submit that the applicants have been arrested by Mahasamund police on 06-12-2016, on the basis of memorandum statement from the applicants, three criminal cases have been registered regarding theft of three two-wheeler. The present matter is a matter in connection with Crime No.541/2016, P.S. Civil Lines Raipur, C.G. for the offence under Section 379/34 of the IPC and in the present matter the applicants are arrested on 24-02-2017. Charge sheet has been filed and the matter is pending before the Chief Judicial Magistrate Raipur, C.G. as Criminal Case No.2609/2017. Looking to their long detention and prior to the incident there was no any criminal antecedent, the applicants may be enlarged on bail. In other two cases, bail was granted by Court of Sessions. 3.

Per contra, learned counsel for non-applicant/State opposed the argument advanced on behalf of the applicants. 4.

Perused the entire material.

5.

On due consideration that many matters are registered against the

-2applicants regarding theft of two wheeler, on the basis of material collected against the present applicant, I am not inclined to grant bail to the applicants. Consequently, the instant MCRC is hereby dismissed. Sd/- (Chandra Bhushan Bajpai) JUDGE Aadil