Parmatma v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Misc. Criminal Case No.7386 of 2017 • Parmatma S/o Vichit Jangade Aged About 50 Years R/o Kendai Police Station Nandani Nagar District Durg Chhattisgarh. ---- Applicant
Versus
• State Of Chhattisgarh Through The District Magistrate Durg District Durg Chhattisgarh.
---- Respondent MCRC No. 7404 of 2017 • Vijay Das @ Mantru S/o Ghunha Aged About 58 Years R/o Kendai Police Station Nandani Nagar District Durg Chhattisgarh. ---- Applicant
Versus
• State Of Chhattisgarh Through The District Magistrate Durg District Durg Chhattisgarh.
---- Respondent For applicant Parmatma : Shri Derhu Prasad Jangade, son of the applicant, present in person.
For applicant Vijay Das : Shri Ravi Shankar, son of the applicant, present in person.
For respondent/State : Shri Anil S Pandey, Govt. Advocate Hon'ble Shri Justice Ram Prasanna Sharma Order On Board 11.12.2017.
1.
As the above mentioned two bail applications arise out of same incident and crime number, both are being heard and disposed of by a common order.
2.
These are the first bail applications filed under Section 439 of the Code of Criminal Procedure, for grant of bail to the applicants who have been arrested on 29.6.2017 in connection with Crime No.115/2017, registered at Police Station Dhamdha,
Distt. Durg (CG) for the offence punishable under Sections 419, 420, 467, 468, 471/34 of the Indian Penal Code. 3.
As per the prosecution story, land bearing survey No.466 area 0.22 hecres situated at village Kendai was recorded in the names of one Birjha Bai, present applicants and co-accused persons. It is alleged that after the death of Birjha Bai one Bhuri Bai sold the said land to other persons impersonating herself as Birjha Bai. It is alleged against the applicants that they were aware of the fact regarding death of Birjha Bai, but they have not disclosed this fact to anyone. It is further alleged that the applicants were also the joint owners of the said land. 4.
Learned counsel for the State opposed the bail application. 5.
I have perused the case diary.
6.
Taking into consideration that no one is claiming to be the heir of the deceased Birjha Bai and there is no direct involvement of the present applicants in transferring the said land and also considering that the applicants are in jail since 29.6.2017, this is fit case to grant bail to the applicants.
7.
Accordingly, bail applications filed under Section 439 CrPC are hereby allowed.
8.
It is directed that the applicants shall be released on bail on each of them furnishing a persons bond for a sum of Rs.20,000/- with one surety each in the like sum amount to the satisfaction of
the concerned trial Court, for their appearance as and when directed.
9.
A copy of this order be kept in the record of MCRC No.7404/2017.
Sd/- (Ram Prasanna Sharma) JUDGE Bini