Manindra Singh Thakur v. State Of Chhattisgarh And ANR.

HIGH COURT OF CHHATTISGARH AT BILASPUR M.Cr.C.(A) No. 1672 /2018 Manindra Singh Thakur, S/o. Shri Mahendra Singh Thakur, Aged About 37 Years, R/o. Chantapara, Tilak Nagar, Thana Civil Line, Civil And Revenue District Bilaspur Chhattisgarh.

---- Applicant

Versus

1. State Of Chhattisgarh, Through The Station House Officer, Police Station Koni, District : Bilaspur, Chhattisgarh

2. Central Bureu Of Investigation, Through Incharge Bhilai Branch, Bhilai, District Durg Chhattisgarh.

---- Respondents --------------------------------------------------------------------------------------------------- For Applicant :

Ms. Sharmila Singhai, Advocate.

For Respondent No.1 :

Mr. Sudeep Verma, Dy. G.A.

For Respondent No.2 :

Mr. B.Gopakumar, Asst. S.G.

Hon'ble Shri Justice Goutam Bhaduri Order On Board 15.04.2018 1.

Apprehending arrest in connection with Crime No.37/2016 registered at Police Station- Koni, District Bilaspur (C.G.) for the offence punishable under Sections 409, 406, 408 & 120(B) of Indian Penal Code, the applicant has preferred this second application under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail. The first bail application was dismissed on 23.12.2016.

2.

As per the prosecution case, the applicant who was the President of Sewa Sahkari Samiti Semartal in connivance with other office bearers has withdrawn total amount of Rs.61.00 Lakhs at different point of time and without making entry in the cash register, embezzled the amount. Thereby the offence has been committed. 3.

Learned counsel for the applicant submits that publication was made in the newspaper that the closure report has been filed by C.B.I., as such, no further investigation is necessary; therefore, the applicant may be extended the benefit of anticipatory bail.

4.

Learned State counsel opposes the prayer for grant of anticipatory bail and learned counsel appearing for the C.B.I. disowns Annexure A-5 and submits that no such closure report has been filed and publication has ever been made by the C.B.I.

5.

Perused the earlier bail rejection order. It is stated that the Police has handed over the case to the C.B.I. for further investigation. Considering the same, I do not find it a fit case where the benefit of anticipatory bail can be given to the present applicant. 6.

Accordingly, the second anticipatory bail application is rejected. Ashok Sd/- (Goutam Bhaduri) Judge

HIGH COURT OF CHHATTISGARH, BILASPUR Order Sheet CRMP No. 1097 of 2019 • Manindra Singh Thakur S/o Shri Mahendra Singh Thakur Aged About 37 Years R/o Chantapara, Tilak Nagar, Thana Civil Line, Civil And Revenue District Bilaspur Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Station House Officer, Police Station Koni, District Bilaspur, Chhattisgarh

2. Central Bureu Of Investigation Through Incharge Bhilai Branch, Bhilai District Durg Chhattisgarh ---- Respondents 02/05/2019 This is an office reference.

Perused the P.U.D. dated 27.04.2019, wherein it is stated that in MCRC(A) No.1672/2018 due to inadvertence the date of order has been typed as 15.04.2018 whereas it should be 15.04.2019.

On due consideration, it is directed that the date of order in MCRC(A) No.1672/2018 be corrected as 15.04.2019 in place of 15.04.2018. With the aforesaid observation, the CRMP stands disposed of. Sd/- Goutam Bhaduri Judge ashu