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High Court Of ChhattisgarhMCRC/7171/2017dismissed

Ravinder Nath Singh v. State Of Chhattisgarh

2017-12-07Hon'Ble Shri Justice Goutam Bhaduri2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7171 of 2017 Ravinder Nath Singh, S/o. Shri Jagaranath Singh, Aged About 53 Years, R/o. Uttar Ringh Road, Shikari Road, Boripara, R.N. Gali, Ambikapur, District- Surguja, Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh, Through Police Station- E.O.W. Raipur, District Raipur, Chhattisgarh. .

---- Respondent --------------------------------------------------------------------------------------------------- For Applicant :

Mr. T.K.Jha, Advocate For Respondent :

Mr. Anupam Dubey, Dy. Govt. Advocate.

--------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 07.12.2017 1.

This is the second bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who has been arrested in connection with Crime No.09/2015 registered at Police Station- E.O.W. Raipur, District Raipur (C.G.) for the offence punishable under Sections 11, 13(1) (D), 13(2) of Prevention of Corruption Act, 1988 and Section 109 (wrongly mentioned 103) 120-B, 409, 420 of Indina Penal Code. The first bail application was dismissed on merit on 24.06.2016 in MCRC No.2766 of 2016.

2.

Case of the prosecution, in brief, is that the applicant being working in the Nagrik Aapurti Nigam i.e. Civil Supplies while posted at Surajpur Branch as District Manager misappropriated the government paddy which was meant for Public Distribution System and in connivance with the other co-accused in an organized manner received different amount from the millers as undue gratification and also on the threat of cancellation of the

milled rice received the amount. Further, it is stated that the applicant also collected the sub-standard broken rice and collected money from the transporters and the amount circulated in between the officers and accounts were being maintained separately. The amount and account were seized, thereby, the offence is committed.

3.

Learned counsel for the applicant submits that since the similarly placed accused Kshir Sagar Patel has been extended bail from the Supreme Court on 22.09.2017 and the case of the present applicant is same, therefore, the applicant may also be released on bail.

4.

Learned State counsel submits that the co-ordinate Bench of this Court has dismissed the bail application of the co-accused i.e. of Dilip Kumar Sharma bearing M.Cr.C. No.6359/2017, Moti Lal Sahu bearing M.Cr.C. No.7170/2017& Sudhir Kumar Bhole bearing M.Cr.C. No.7181/2017.

5.

Considering the fact that the bail applications of Dilip Kumar Sharma bearing M.Cr.C. No.6359/2017 is dismissed on 10.10.2017, Moti Lal Sahu bearing M.Cr.C. No.7170/2017 is dismissed on 14.11.2017 & Sudhir Kumar Bhole bearing M.Cr.C. No.7181/2017 is dismissed on 15.11.2017 by the co-ordinate Bench of this Court, I am not inclined to allow this bail application as the institutional parity in orders must exist. Accordingly, the repeat bail application is dismissed.

Sd/- (Goutam Bhaduri) Judge Ashok