An applicant facing charges under IPC Sections 420 and 120-B filed a bail application under Section 438 Cr.P.C. The High Court of Chhattisgarh dismissed the application due to inconsistencies in the charge handover documents regarding the government lands involved.
The bail application filed under Section 438 Cr.P.C. is dismissed.
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HIGH COURT OF CHHATTISGARH AT BILASPUR
M.Cr.C.(A) No. 615 /2016
Ram Kishore Kabire, S/o. Late Mansharam, Aged About 48 Years, Occupation Government Service, R/o. Nakapara, Ajad Chowk, Ward No.1, Dongargarh, District Rajnandgaon, Chhattisgarh.
---- Applicant
Versus
State Of Chhattisgarh, Through Station House Officer, Police Station Boratlav, District Rajnandgaon, Chhattisgarh.
---- Respondent
For Applicant : Mr. V.R.Tiwari, Advocate. For Respondent : Mr. Neeraj Jain, Govt. Advocate.
Hon'ble Shri Justice Goutam Bhaduri
Order On Board
21/09/2016
given an additional charge of Village Bagrekasha, P.C. No.24 of which sale was executed. It is stated that while taking the charge, he was not given of the record of rights and on the basis of the Rinpustika and B-1 when the 22 point enquiry was made, he had given the enquiry report of 22 point which was necessary for sale. He submits that the applicant since was not given the charge of the documents i.e. record of rights as such only on the basis of B-1 & other document, enquiry report was submitted of 22 point and no offence has been committed. It is further submitted that report was made on the basis of B-1 & Rin-pustika and handing over charge document dated 20.08.2012 would show no document for record of right was given. Therefore, the applicant may be enlarged on anticipatory bail.
Sd/- (Goutam Bhaduri) Judge
Ashok
3 issues framed by the court
Whether the inconsistencies in the charge handover documents justify refusing the grant of anticipatory bail.
Whether the applicant's explanation regarding the execution of land sales exempts him from criminal liability.
Whether the bail application under Section 438 Cr.P.C. should be allowed or dismissed.
1 provisions across 1 enactments
Ram Kishore Kabire
State Of Chhattisgarh
Goutam Bhaduri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
