← Library
High Court Of ChhattisgarhMCRC/8643/2020allowed

Pancham Singh Kanwar v. State Of Chhattisgarh

2021-03-04Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8643 of 2020

1. Pancham Singh Kanwar S/o Late Shri Lakshan Singh Kanwar Aged About 48 Years R/o-Ward No. 10, Gandhidih, Lormi, Dist.- Mungeli, Chhattisgarh Permanent Address- Village- Kanhaiyyabhata, P.O.-Birda, Distt- Korba, Chhattisgarh ---- Applicant

Versus

1. State Of Chhattisgarh Through Police Of Outpost Chilfi, P.S.- Lormi, Dist.- Mungeli, Chhattisgarh ---- Respondent For Applicant Mr. Pallav Mishra, Advocate For Respondent /State Mr. Alok Nigam, Govt. Advocate Hon'ble Mr. Justice Prashant Kumar Mishra Order on Board 4/3/2021 1.

Heard.

2.

The applicant has preferred this first bail application under Section 439 of the Cr.P.C. for grant of bail as he has been arrested in connection with Crime No.347/2015, registered at Police Station Lormi, Mungeli (CG), for the offence under Sections 420, 467, 468, 471 and 34 of the Indian Penal Code. 3.

As per the FIR lodged by Sukhru Ram, one of the brother of co-accused Jagwat, the said Jagwat got his name mutated in

respect of land, which is owned by the complainant Sukhru and subsequently sold it to his son namely; Rajendra Prasad by fabricating documents. Co-accused Shailendra Kumar & Rajendra, S/o P.R. Sahu signed the sale deed as witnesses to the said transaction.

4.

Admittedly, co-accused Rajendra, S/o Jagwat & Rajendra, S/o P.R. Sahu have been allowed anticipatory bail by order dated 10-3-2016 passed in MCRCA No.263 of 2016; whereas coaccused Jagwat has been granted anticipatory bail by order dated 19-11-2015 passed in MCRCA No.1111 of 2015; and co-accused Shailendra Kumar has also been released on anticipatory bail by order dated 2-12-2015 passed in MCRCA No.1188 of 2015. Present applicant is in jail since 24-10-2020 and the offences are triable by the JMFC, therefore, considering all relevant aspects of the matter, I am of the opinion that present is a fit case to release the applicant on regular bail.

5. Accordingly, the bail application is allowed and the applicant is directed to be released on bail on his executing a personal bond for a sum of Rs.50,000/- with one surety in 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.

6. Certified copy as per rules.

Sd/- (Prashant Kumar Mishra) Judge Gowri