Pawan Singh @ Babu Singh v. State Of Chhattisgarh
Page No.1 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.CR.C. No. 4817 of 2016
1. Pawan Singh @ Babu Singh, S/o. Nain Singh, aged about 48 years, R/o. Village-Mulmula, Police Station Mulmula, Tahsil - Pamgarh, District - Janjgir-Champa (C.G.) ----Applicant
Versus
1. State of Chhattisgarh, Through : Police Station - Masturi, Tahsil and District - Bilaspur (C.G.) ---- Respondent For Applicant : Mr. Vijay K. Deshmukh, Advocate For Respondent/State : Mr. Neeraj Jain, Govt. Advocate Hon'ble Shri Justice Goutam Bhaduri Order On Board 28/09/2016 1.
This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant who has been arrested in connection with Crime No.32/2015, registered at Police Station - Masturi, District - Bilaspur (C.G.) for the offence punishable under Section 419, 420, 467, 468, 471, 120-B, 201 of Indian Penal Code.
2.
Case of the prosecution, in brief, is that the applicant got his name mutated in respect of the land bearing Kh.No.603/6 and 552/3 total 2.27 acres of land and executed a sale deed in favour of the Raju Infracon Pvt. Ltd. Raigarh. The report was made by one Vighnapal Singh and Santosh, the brother of the applicant that they were also the sharer of the land and the present applicant got only his name mutated and executed sale deed. Thereby the offence has been
Page No.2 committed.
3.
Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and the applicant has not committed any fraud. It is further submitted that charge-sheet in this case has been filed and the applicant is in jail since 28.03.2016, therefore, the counsel prays that the applicant may be enlarged on bail.
4.
On the other hand, learned counsel for the State opposes the bail application.
5.
I have heard learned counsel appearing for the parties. 6.
Perused the case diary and the documents. Considering the facts and circumstances of the case, taking into the fact that chargesheet in this case has been filed, the applicant is in jail since 28.03.2016 and all the evidence in this case are documentary in nature, this Court is of the opinion that present is a fit case, in which, the applicant should be enlarged on regular bail. 7.
Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed.
8.
It is directed that applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, for his appearance as and when directed.
9.
Certified copy as per rules.
Sd/- (Goutam Bhaduri) Judge Balram