High Court Of ChhattisgarhMCRC/6447/2017dismissed

Ghanshyam Vidhwani v. State Of Chhattisgarh

2017-10-11Hon'Ble Shri Justice Sanjay K. Agrawal2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No.6447 of 2017 Ghanshyam Vidhwani, son of Hiranand Vidhwani, aged about 39 years, R/o 8/8 Rama Valley Colony, High Court Road, Bilaspur, District Bilaspur (CG).

---- Applicant

Versus

State of Chhattisgarh, through Station House Officer, Police Station Chapa, District Janjgir-Champa.

---- Non-applicant For Applicant :Mr. Abhijeet Shrivatava and Mr. Soumya Rai, Advocates For Non-applicant :Mr.Prasun Bhaduri, Govt. Advocate Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 11/10/2017 (1) Heard.

(2) This is the fourth bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 366/2014 registered at Police Station Champa, District JanjgirChampa, for the offence punishable under Sections 409, 420, 467, 468, 471, 34 of IPC read with Section 66(c) & 66(D) of I.T.Act.

(3) The first, second and third bail applications of the applicant were dismissed on merit by orders of this Court dated 06.10.2015, 04.03.2016 & 17.02.2017 passed in M.Cr.C.

No.5303/2015, M.Cr.C. No.1601/2016 & M.Cr.C. No.1237/2017, respectively.

(4) Learned counsel appearing for the applicant would submit that the instant bail application can be entertained as the applicant is in jail since 30.04.2015 and there is no progress at all in the trial.

(5) On the other hand, learned counsel appearing for the State would submit that there is no change in the circumstances of the case and earlier the first, second & third bail applications have already rejected on merit by this Court vide orders dated 06.10.2015, 04.03.2016 and 17.02.2017, respectively and therefore the instant bail application is liable to be rejected. (6) After hearing learned counsel appearing for the parties and after dismissal of earlier bail applications of the applicant, I do not find any new good ground or any change in the circumstances of the case to entertain this fourth bail application. Consequently, the fourth bail application is rejected. However, the trial Court is directed to expedite the trial and to submit a compliance report before this Court as per earlier order dated 04.03.2016. (7) Certified copy today.

Sd/- (Sanjay K. Agrawal) Judge L/-