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High Court Of ChhattisgarhMCRC/4002/2017withdrawn

Aarif Khan v. State Of Chhattisgarh

2017-07-05Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4002 of 2017 • Aarif Khan S/o Late Rahim Khan, Aged About 34 Years R/o Mamta Nagar, Police Station Basantpur, District Rajnandgaon, At Present Aakil Khan, House Kelabadi, Durg, Police Station & District Durg, Chhattisgarh. --- Applicant

Versus

• State of Chhattisgarh Through The Station House Officer, Police Station Bemetara, District Bemetara, Chhattisgarh. --- Respondent For the applicant :

Madam Sharmila Singjhai, Advocate For the Respondent :

Mr. S.R.J. Jaiswal, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order on Board 05.07.2017

1. This is 3rd 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. 492/2015 registered at P.S. Bemetara, Distt. Bemetara (C.G) for the offence punishable under Sections 420, 467, 468, 471, 120B, 413/34 of IPC.

2. As per the prosecution case, in brief, Sushil Sahu, the complainant, who was the sales manager of Arun Agriculture Company, made a report that he financed a tractor to Nikhil Vaishnav, however, repayment of loan was not made, therefore, when it was required it was found that Nikhil Vaishnav has sold out the financed tractor by changing engine chasis number. It is alleged that this applicant with the help of Anil Shrivas has changed the number of vehicle and sold out.

3. After arguing for some time, learned counsel for the

applicant would submit that out of 14 witnesses, 6 have been examined and 8 formal witnesses are left out, therefore, looking to the detention period of the applicant as he is in jail since 01.09.2015, this bail application may be disposed of with a direction to the trial Court to expedite the trial on day to day basis.

4. In view of the above position, the trial Court is requested to expedite the trial as early as possible preferably within a period of 3 months.

5. Accordingly, this bail application is disposed of. Sd/- GOUTAM BHADURI JUDGE R a o