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High Court Of ChhattisgarhMCRC/7826/2016allowed

Pramod Nat @ Panchu v. State Of Chhattisgarh

2016-12-09Hon'Ble Shri Justice Goutam Bhaduri2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7826 of 2016 Pramod Nat @ Panchu S/o Shri Chakradhar Singh Nat Aged About 35 Years R/o Village- Ratanpur, Police Station- Kapu, TahsilDharmjaygarh, District- Raigarh, Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh Through :- Police Station- Saria, DistrictRaigarh, Chhattisgarh ---- Respondent For applicant - Shri Dheerendra Pandey, Advocate. For Respondent/State - Shri Wasim Miyan, PL.

Hon'ble Shri Justice Goutam Bhaduri Order 9/12/2016 1.

The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No.152/2009 registered in Police Station Saria, Distt. Raigarh (CG) for offence punishable under sections 392, 34 of Indian Penal Code.

2.

This is a case of bail jump. It is alleged that the applicant was earlier enlarged on bail on 17/02/2010. In the instant case he attended the court till 16/08/2010. Subsequently, he absented on 30/08/2010 and arrest warrant was issued. The applicant was further arrested on 24/08/2016 by way of production warrant when he was arrested on 20/07/2016 in other Crime Nos.88/2016 and 87/2016 for offence under Section 379, 457 and 380 of IPC at Police Station Kusmunda.

3.

Learned counsel for the applicant submits that the applicant is labour and in earlier two cases he was enlarged on bail. He was arrested on 20/07/2016 and on 24/08/2016 he was arrested by way of production warrant. He submits that the applicant went to earn his livelihood out side the state and his non appearance was not deliberate, therefore the applicant may be released on bail.

4.

Learned State counsel opposes the prayer for grant of bail. 5.

Considering the facts and circumstances of the case, applicant was arrested and substantially he was in jail since 20/07/2016, however he has been shown to be arrested on 24/08/2016. Considering the period of detention, this court is inclined to release the applicant on bail. 6.

Accordingly, the bail application is allowed and it is directed that the applicant shall be released on his furnishing personal bond for a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of concerned trial court for his regular appearance before it as and when directed.

Sd/- (Goutam Bhaduri) JUDGE gouri