High Court Of ChhattisgarhMCRC/7259/2016allowed

R P Pathak v. State Of Chhattisgarh

2016-11-23Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7259 of 2016 • R P Pathak S/o Shri Durga Prasad Pathak, Aged About 66 Years R/o House No. 659, Near Kargil Chowk, Sundar Nagar, Police Station Purani Basti Raipur Chhattisgarh --- Applicant

Versus

• State of Chhattisgarh through The Economic Offence Bureau, Raipur Chhattisgarh --- Respondent For the applicant :

Mr. N. Naha Raoy, Advocate For the Respondent :

Mr. Ashish Shukla, Govt. Lawyer.

Hon'ble Shri Justice Goutam Bhaduri Order on Board 23.11.2016

1. This is first 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. 09/2015 registered at P.S. State Economic Offences Bureau, Raipur (C.G) for the offence punishable under Sections 109, 120-B of IPC as well as Section 13(1)(d) read with 13(2) of the Prevention of Corruption Act, 1988.

2. At the outset, learned counsel for the applicant would submit that he is not pressing the bail application on merits and is only seeking grant of temporary bail on the ground that the father of applicant who is aged about 93 years is not well and his condition is serious. He referred to the medical certificate filed along-with the bail application and would submit that the father of applicant was hospitalized and is still not keeping well, therefore, in order to meet his ailing father the applicant may be enlarged on bail for a limited

period of 3 weeks.

3. Per contra, learned State Counsel submits that he formally opposes the bail.

4. Considering the critical condition of the applicant's father who is stated to be 93 years and as stated he is ailing and was hospitalized, on this ground only I am inclined to release the applicant on temporary bail for a period of 15 days to meet his ailing father.

5. Accordingly, I.A.No.1/2016 for temporary bail is allowed and the applicant is directed to be released on bail for a limited period of 15 days on his executing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court. He shall surrender before the trial Court immediately after expiry of 15 days. C.c.

as per rules.

Sd/- GOUTAM BHADURI JUDGE R a o