Allowed

Goldi Jaiswal v. State Of Chhattisgarh

Chhattisgarh HC19 Dec 2016MCRC/6114/2016

Case brief

AI extract

What is this about?

The High Court of Chhattisgarh allowed a bail application filed under Section 439 Cr.P.C. for the applicant accused of offence under Section 409 IPC. The Court held that despite the serious charge, the case was a fit one for bail as the dispute arose from an agreement, evidence was predominantly documentary, no further investigation was needed, and sum of Rs. 46.50 lakhs had been recovered.

What did the court decide?

The bail application under Section 439 Cr.P.C. was allowed; the applicant to be released on a personal bond of Rs. 25,000 with one surety.

Goldi Jaiswal Vs State Of Chhattisgarh — Corruption | Chhattisgarh HC (2016)

¶1

Page No.1

¶2

NAFR

¶3

HIGH COURT OF CHHATTISGARH, BILASPUR

¶4

M.CR.C. No. 6114 of 2016

¶5

Goldi Jaiswal, aged about 32 years, Son of Har Prasad Jaiswal, R/o. Navagaon, Katghora, Tahsil – Katghora, District – Korba (C.G.)

¶6

----Applicant

¶7

Versus

¶8

State of Chhattisgarh, Through : Station House Office, Police Station – Katghora, District – Korba (C.G.)

¶9

---- Respondent

¶10

For Applicant : Mr. A.K. Prasad & Mr. Raghavendra Pradhan, Advocates For Respondent/State : Mr. Anil S. Pandey, Govt. Advocate

¶11

Hon'ble Shri Justice Goutam Bhaduri

¶12

Order On Board

¶13

19/12/2016

¶14

This is the first 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.187/2016, registered at Police Station – Katghora, District – Korba (C.G.) for the offence punishable under Section 409 of Indian Penal Code.

¶15

Case of the prosecution, in brief, is that an agreement was executed in between C.G. Marketing Federation and applicant being the proprietor of Om Sai Rice Mill, Katghora. It is alleged that the applicant has lifted 15074.35 quintals of paddy for milling and rice was to be deposited to the percentage of 67% after milling the paddy. However, only 5646.99 quintals of rice as against 10098.81

¶16

Page No.2

¶17

quintals of paddy was deposited and thereby has misappropriated 4452.82 quintals of rice amounting to Rs.1,07,45,367/-. Thereby the offence has been committed.

¶18

Learned counsels for the applicant submit that no offence has been committed and the entire liability is of civil in nature as the dispute has been arisen out of an agreement. It is further submitted that after lifting of the paddy, the applicant has reported the concerned authority about the poor quality of the paddy as the paddy was in destroyed condition. It is further submitted that charge-sheet in this case has been filed and the appeal is still pending against the proposed recovery made. It is further submitted that Rs.46.50 lakhs has already been recovered and no offence is made out against the applicant. Therefore, the counsel prays that the applicant may be enlarged on bail.

¶19

On the other hand, learned counsel for the State opposes the bail application.

¶20

I have heard learned counsel appearing for the parties.

¶21

Perused the case diary and the documents. Charge-sheet in this case has been filed. Considering the nature of allegation and taking into the fact that agreement was existing. Further considering the fact that all the evidences in this case are documentary in nature and no further investigation is necessary. Taking into such facts and circumstances of the case and the fact that the applicant is in jail since 25.06.2016, this Court is of the opinion that present is a fit case, in which, the applicant should be enlarged on regular bail.

¶22

Page No.3

¶23

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed.

¶24

It is directed that applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, for his appearance as and when directed.

¶25

Certified copy as per rules.

¶26

Sd/(Goutam Bhaduri) Judge

¶27

Balram

Goldi Jaiswal v. State Of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Goldi Jaiswal v. State Of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Ishwar Lal Yadav Vs State Of Chhattisgarh

Sunil Yadav Vs State Of Chhattisgarh

Shailendra Kumar Dixit Vs State Of Chhattisgarh

Santram Gond Vs State Of Chhattisgarh

Babulal and Ors. Vs State Of Chhattisgarh

Netram and Ors. Vs State Of Chhattisgarh