Shrimati Sindhu Singhare v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7225 of 2018 Shrimati Sindhu Singhare W/o Deepak Singare Aged About 42 Years R/o Om Nagar, Urla, Ward No. 59, P. S. Pulgaon, District Durg Chhattisgarh.
--- Petitioner
Versus
State of Chhattisgarh through the Police Station Bemetara, District Bemetara Chhattisgarh. --- Respondent For the applicant :
Mr. Shobhit Koshta, Advocate.
For the Respondent :
Mr. D.R. Minj, Dy. Govt. Advocate Hon'ble Shri Justice Goutam Bhaduri Order on Board .11.2018
1. This is first bail bail application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicant in connection with Crime No.596/2015 registered at Police Station Bemetara, Distt. Bemetara (C.G) for the offences punishable under Sections 420 of IPC and section 10 of the Chhattisgarh Protection of Depositors Interest Act, 2005 and Section 3 & 4 of Enami Chit Fund Act and Money Circulation Scheme Adhiniyam.
2. As per the prosecution case, a report was lodged by Umesh Kumar Tripathi on 29.02.2016 that he invested money in Dream Real Estate (Yash Group of Company) which has main office at Priyadarshni Camps, Bhilai District Durg and Branch Office at Bemetara wherein Rs.2 lakhs was deposited under the Swarnim 1 year Scheme. The maturity amount of Rs.2,22,500/- was to be paid on the maturity date i.e., 13.12.2015. However, when the complainant reached the
Company Offices of the Company at Bemetara and Bhilai to receive the sum, both the offices were found closed and the present applicant who is one of the Director has fled away.
3. Learned counsel for the applicant submits that similar allegation was made in another Crime No.596/2015 which was registered at Police Station Supela for the offence punishable under sections punishable u/ss 420, 409, 120B/34 of IPC, section 10 of C.G. Protection of depositors Interest Act, 2005 and section 45 of the RBI Act as also sections 3, 4, 5, 6 & 7 of the Chit Fund Act wherein the Supreme Court by order dated 23.07.2018 passed in SLP (Criminal) No.4239/ 2018 has granted bail to the present applicant on the ground that the applicant is aged about 42 years and a mother of two children subject to furnishing bail bonds of Rs.1 lakh with two sureties in the like sum. It is submitted that the status of the applicant remains same on which the Hon'ble Supreme Court has granted bail, therefore, the applicant may be enlarged on bail.
4. Perused the rejection order of this Court passed in M.Cr.C.No. 1237/2018 relating to Crime No.596/2015 registered at Police Supela for the offence u/ss 420, 409, 120-B/34 of IPC, section 10 of C.G. Protection of depositors Interest Act, 2005 and section 45 of the RBI Act and sections 3, 4, 5, 6 & 7 of Chit Fund Act. Further the order passed by the Supreme Court in SLP (Criminal) No.4239/2018 on 23.07.2018 is perused whereby the the bail was granted to the applicant on the ground that she is aged about 42 years and a mother of two children. Considering the same, I am inclined to allow this bail application.
5. Accordingly the bail application is allowed and it is directed that the applicant shall be released on bail on her furnishing bail bonds in sum of Rs.1,00,000/- with two sureties of the like sum to the satisfaction of the trial Court for her appearance before the said Court as and when directed. Cc as per rules.
Sd/- GOUTAM BHADURI JUDGE R a o