Ramesh Pandey v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3935 of 2017 Ramesh Pandey S/o Shri Santram Pandey Aged About 35 Years R/o Old Bus Stand, Kurud, District Dhamtari Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh Through The Police Station Kurud, Dhamtari Chhattisgarh ---- Respondent For Applicant :

Shri M.L.Saket, Advocate For Respondent / State :

Shri D.R.Minj, Dy.G.A.

Hon'ble Shri Justice P. Sam Koshy Order On Board 14/06/2017 1.

The present applicant is in jail since 23/05/2017 in connection with Crime No.498/2016 registered at police station - Kurud, District - Dharmtari (CG) for the offences punishable under Sections 420, 467, 468, 471, 120-B of IPC. 2.

The allegation against the present applicant is that the present applicant was instrumental in getting the signature of the complainant, who was minor, so as to ensure that the property which was in the name of grand father of the complainant would be mutated in the name of the co-accused - Rajabhoj. 3.

Learned counsel for the applicant submits that the co-accused - Rajabhoj has already been granted bail by this Court in MCrC No.1257/2017 on 08/03/2017. He further submits that it is the co-accused - Rajabhoj who is the main accused and also the beneficiary of the illegal act. Therefore, the present applicant, against whom lesser allegations are levelled, may be granted bail. 4.

Learned State counsel, however, opposes bail application on the ground that the act on the part of the present applicant are serious in nature and as the present applicant is a Lawyer by profession, inspite of being aware of the legal position, he

was instrumental in getting signature of the complainant along with the co-accused so that mutation could be made in favour of co-accused - Rajabhoj. 5.

Considering the facts and circumstances of the case, more particularly the fact that the other co-accused - Rajabhoj has already been granted bail by this Court and also considering the period of custody undergone by the present applicant, this Court is of the opinion that it is a fit case for grant of bail. 6.

Accordingly, the bail application filed under Section 439 of CrPC is allowed. It is directed that the applicant shall be released on bail on furnishing a personal bond in the sum of Rs.25,000/- with two sureties in the like sum to the satisfaction of the concerned Court for his appearance as and when directed. Certified copy as per rules.

Sd/- (P. Sam Koshy) V. JUDGE Deepti