The High Court of Chhattisgarh rejected the applicant's third bail application filed under Section 439 Cr.P.C. in a cheating case, holding it not fit to be entertained. The Court directed the trial court to expeditiously conclude the trial.
Third bail application rejected; trial directed to be concluded expeditiously.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MCRC No.6173 of 2016
Shivkumar, S/o Shri Sadhuram Gandharva, aged about 50 years, R/o Village Binouri, Police Station Masturi, District Bilaspur (CG).
---- Applicant
Versus
State of Chhattisgarh, through the Police Station City Kotwali, Bilaspur (CG).
---- Non-applicant
For Applicant : Shri S.S. Baghel, Advocate For Non-applicant: Shri Om Prakash Sahu, G.A.
Hon'ble Shri Justice Sanjay K. Agrawal
Order On Board
23/09/2016
(2) This is the third bail application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicant, who has been arrested in connection with Crime No.109/2015, registered at Police Station City Kotwali, Bilaspur, for the offence punishable under Sections 420, 467, 468, 471, 34 of the Indian Penal Code.
(3) The applicant's first and second bail applications were dismissed on merit by orders of this Court dated 21.09.2015 & 15.12.2015 passed in M.Cr.C. No.4208/2015 & M.Cr.C. No.7379/2015,
2
respectively.
(4) After hearing learned counsel appearing for the parties and taking into consideration the totality facts and circumstances of the case, I do not consider it is a fit case to entertain the third bail application. Consequently, the third bail application is rejected. However, the trial Court is directed to expedite the trial and conclude the same, expeditiously.
(5) Certified copy as per rules.
Sd/-
(Sanjay K. Agrawal) Judge
L/-
2 issues framed by the court
Whether the third bail application should be entertained in the totality of facts and circumstances.
Whether to direct the trial court to expedite the trial.
2 provisions across 2 enactments
Shivkumar
State of Chhattisgarh
Sanjay K. Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
