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High Court Of ChhattisgarhMCRC/5993/2019allowed

Sanjay Mewad v. State Of Chhattisgarh

2019-11-21Hon'Ble Smt. Justice Rajani Dubey2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5993 of 2019 • Sanjay Mewad S/o Shri Bahadur Singh Aged About 34 Years By Caste - Rajput, R/o Village Dhabladhir, Police Station And Tahsil Kalapipal, Civil And Revenue District Shajapur Madhya Pradesh. ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station Balod District Balod Chhattisgarh.

---- Respondent For Applicant : Shri Kishore Bhaduri, Shri Sunil Sahu and Shri Sabyasachi Bhaduri, Advocates For Respondent/State : Smt. Reena Singh, PL Hon'ble Smt. Justice Rajani Dubey Order On Board 21/11/2019 The applicant has filed this application under Section 439 of the Code of Criminal Procedure for grant of regular bail as he is in custody in connection with Crime No.88/2016 registered at police station Balod, District Balod (CG) for the offence punishable under Sections 420,,467,468,471,406/34 IPC; Sections 4 and 5 of Chit Fund Act (Money Laundering Acdt) and Section 10 of the Chhattisgarh Protection of Depositors Interest Act As per prosecution, it is alleged that the applicant being the Director of the said Shri Ram Real Estate and Business Solution Limited induced complainant Yashwant Kumar Kothari by assuring him that if he deposits certain amount in their company, he would get back

the amount doubled with some interest and he also issued 72 cheques of Rs. 2400 each. It is further alleged that initially about some amount through 34 cheques was paid as a growth amount to the complainant thereafter the remaining cheques were not returned by the applicant and deceived the complainant and thereby committed cheating. Counsel for the applicant has submitted that the applicant has been falsely implicated in this case. He submits that the applicant is in jail since 14.01.19; the charge sheet has been filed and looking to the conduct of the prosecution it is clear that the trial will take time for its conclusion and therefore he may be released on bail. On the other hand counsel for the State opposes the bail application and submits that two more cases of similar nature have been registered against the applicant.

Having heard counsel for the parties, considered the totality of the fact, in particular the detention period of the applicant, I am inclined to release him on regular bail. Accordingly, his application filed under Section 439 of the Code of Criminal Procedure is allowed. It is directed that in the event of the applicant's furnishing a personal bond in the sum of Rs.50,000/- with two local sureties for the like sum to the satisfaction of the concerned Court, he shall be released on bail.

Sd/- (Rajani Dubey) Judge suguna