High Court Of ChhattisgarhMCRC/9859/2018allowed

Panchram v. State Of Chhattisgarh

2019-01-02Hon'Ble Shri Justice Goutam Bhaduri2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 9859 of 2018 • Panchram S/o Khelanram Miri Aged About 59 Years Caste Satnami, R/o Village Tanda, P. S. Kota, Tahsil Takhatpur, District Bilaspur Chhattisgarh ---- Applicant

Versus

• State of Chhattisgarh Through The Station House Officer, Police Station Marvahi, District Bilaspur Chhattisgarh ---- Respondent For Applicant :

Shri Yogendra Chaturvedi, Advocate For Respondent/State :

Shri Aditya Sharma, PL for the State Hon'ble Shri Justice Goutam Bhaduri Order On Board 02/01/2019

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 on 23.09.2018 in connection with Crime No.82/2010 registered at Police Station Marvahi, District Bilaspur (CG) for the offence punishable under Sections 409, 420 IPC.

2. The first bail application bearing M.Cr.C. No.8763 of 2018 was dismissed for want of prosecution on 28.11.2018.

3. As per the prosecution case, the present applicant along with the other coaccused while working in Adim Jati Seva Sahkari Samiti, Marwahi has misappropriated amount of Rs.25,15,119/- and shown different expenses on the

basis of the false vouchers which were not actually incurred.

4. Learned counsel for the applicant submits that the other co-accused namely Saheb Singh Porte has been enlarged on bail on 11.12.2018 vide M.Cr.C. No.9112 of 2018 and the present applicant is in jail since 23.09.2018 and is aged about 60 years. He further submits that the charge-sheet in this case has been filed and no further investigation would be necessary, therefore, the applicant may also be released on bail.

5. Learned State counsel is not able to dispute the fact that the similarly placed co-accused has been enlarged on bail.

6. Considering the fact that the co-accused has been enlarged on bail and the charge-sheet in this case has been filed and also taking into that the applicant is in jail since 23.09.2018 and all the evidence are documentary in nature, I am inclined to release the applicant on bail.

7. Accordingly, the application is allowed and the applicant is directed to be released on bail on his executing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given by the said Court. Sd/- Goutam Bhaduri Judge Ashu