High Court Of ChhattisgarhMCRC/2243/2017allowed

Smt Aruna Kurre v. State Of Chhattisgarh

2017-05-26Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2243 of 2017 • Smt Aruna Kurre W/o Pilaram Kurrey, Aged About 36 Years, Sarpanch, Gram Panchayat, Chhindoli, R/o Village Chhindoli, Police Station Patewa, Tahsil Mahasamund, District Mahasamund, Chhattisgarh. ---- Petitioner

Versus

• State Of Chhattisgarh Through Station House OfÏcer, Police Station Mahasamund, District Mahasamund, Chhattisgarh. ---- Respondent For Applicant Mr. Pawan Kesharwani, Advocate For Respondent /State Mr. UNS Deo, Government Advocate Hon'ble Mr. Justice Prashant Kumar Mishra Order On Board 26/5/2017

1. Heard.

2. This is an 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.65/2016, registered at Police Station Mahasamund District Mahasamund (CG) for the offence punishable under Sections 420, 467, 468, 471, 409 & 120(B) read with Section 34 of IPC.

3. As per the prosecution case, in the year 2012-2013 under Rajeev Gandhi Shiksha Mission, Rs.7,50,000/- was sanctioned for construction of boundary wall at Government Middle School, Chhindauli and the construction agency was Gram Panchayat, Chhindauli. It is alleged that Rs.3,75,000/- was paid as an advance and after part construction of boundary wall when it

was evaluated by the Sub-engineer, it was valued at Rs.1,05,688/-, however, it was manipulated and made it as Rs.4,05,688/-. Thereby, the forgery is committed.

4. The applicant's anticipatory bail vide M.Cr.C.A No.314 of 2016 was dismissed on 05.04.2016, against which, she preferred SLP (Criminal) No.4411/2016, wherein, she was granted liberty by the Supreme Court to deposit the entire defalcated amount and thereafter, apply for anticipatory bail again.

5. Learned counsel for the applicant would submit that the entire amount has been deposited, however, instead of applying for anticipatory bail, the applicant has surrendered and is presently in jail since 08.12.2006.

6. Considering the fact that the entire amount has been deposited; the applicant is a young lady aged about 36 years; and is in jail since 08.12.2006, this Court is inclined to release the applicant on regular bail.

7. Accordingly, the application is allowed and the applicant is directed to be released on bail on her executing a personal bond for a sum of Rs.25,000/- with one surety for the like amount to the satisfaction of the trial Court. She is directed to appear before the trial Court on each and every date given by the said Court.

8. Certified copy as per rules. Sd/- Vacation Judge (Prashant Kumar Mishra) Shyna