Dismissed

Habib Miyan v. State Of Chhattisgarh

Chhattisgarh HC20 Dec 2016MCRC/7570/2016

Case brief

AI extract

What is this about?

The High Court of Chhattisgarh dismissed the second bail application of Habib Miyan under Section 439 Cr.P.C. in a theft and forgery case. The court held that without all prosecution witnesses examined, it would amount to usurping the trial court's power to evaluate evidence, and no change of circumstance existed.

What did the court decide?

The second bail application filed under Section 439 Cr.P.C. is dismissed.

Habib Miyan Vs State Of Chhattisgarh — Cheating and Forgery | Chhattisgarh HC (2016)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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MCRC No. 7570 of 2016

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Habib Miyan S/o Ajeet Miyan Aged About 33 Years R/o Subhash Ground, Raja Chouwk In Fron Of Mosque, Hanuman Tal, Police Station Hanuman Tal, District Jabalpur, Madhya Pradesh.

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---- Petitioner

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Versus

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State Of Chhattisgarh Through Station House Officer, Police Station Bemetara District- Bemetara, Chhattisgarh.

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---- Respondent

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For Applicant : Mr. Aman Kesharwani, Advocate For Respondent/State : Mr. Anil S. Pandey, G.A.

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Hon'ble Shri Justice Goutam Bhaduri

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Order on Board

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20-12-2016

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This is second bail application filed under Section 439 of the Cr.P.C., for grant of regular bail to the applicant who has been arrested on 8-7-2015 in connection with Crime No. 491 of 2015 registered at Police Station Bemetara, District Bemetara (CG) for the offence punishable under Sections 379, 413, 420, 467, 468, 471, 120-B read with Section 34 of the IPC. Earlier first bail application was dismissed on merits on 29-1-2016.

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Case of the prosecution, in brief, is that the applicant involved in the commission of crime of theft of vehicle. After the vehicle was being stolen from the other States, the stolen vehicle was given to Anish Shrivas by the applicant who used to change the chassis number of the vehicle and subsequently with the help of other co-accused persons the applicant prepared forged document of R.T.O., and sold to different purchasers. Consequently, in the instant case the complainant Rohit Kumar Pawani has purchased the vehicle bearing registration No. CG 09 B 1442 from the

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applicant, thereafter the complainant has lodged report against the applicant for the offence under Sections 379, 413, 420, 467.468.471,120-B read with Section 34 of the IPC.

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Learned counsel appearing for the applicant would submit that present applicant has been falsely implicated in the case, no statement agaist present applicant has been made and witnesse namely Harsh Kumar Maheshwari (PW/1) has been examined and he not supported the prosecution case, therefore, the applicant may be enlarged on bail.

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Per contra, learned State counsel opposes the prayer for grant of bail application.

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I have heard learned counsel for the parties, perused the case diary and documents. It appears that out of total twenty witnesses only three witesses have been examined and remaining 17 witnesses are still to be examined. It would not be appropriate for this court to evaluate the evidence for consideration of bail pettition by picking up only three statements of the witness while remaining 17 witnesses are still to be examined as it would amount to usurping the power of trial Court. It is for the trial Court to consider all the statements when evidece is adduced before it.

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Considering all the facts and circumstances of the case, I do not find any chage of circumstance to reconsider the bail petition.

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Accordingly, the second bail application filed under Section 439 of the Cr.P.C., is also liable to be and is hereby dismissed.

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Sd/- (Goutam Bhaduri) Judge

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Raju

Habib Miyan v. State Of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Habib Miyan v. State Of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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