Allowed

Jhanendra Mahilange v. State of Chhattisgarh

Chhattisgarh HC5 Aug 2020MCRC/3878/2020

Case brief

AI extract

What is this about?

Three applicants in separate MCRC petitions sought regular bail for offences under Sections 420/34 IPC. The High Court allowed the applications, directing furnishing of personal bonds subject to an exemption if bonds were already furnished under the Supreme Court's COVID-19 prison order.

What did the court decide?

Bail granted by furnishing personal bond of Rs. 1,00,000/- each with one surety, exempting those already released under the Supreme Court's COVID-19 order from furnishing bonds afresh.

Jhanendra Mahilange Vs State of Chhattisgarh — Cheating and Forgery | Chhattisgarh HC (2020)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3215 of 2020
• Gorelal Jangde S/o Sonsai Jangde Aged About 50 Years R/o Village Mudhipar, Post Office Sirri Tah. Bilha, District- Bilaspur, Chhattisgarh. ---- Applicant Versus
• State Of Chhattisgarh Through S.H.O., P.S. Civil Line, Bilaspur, District- Bilaspur, Chhattisgarh., ---- Respondent MCRC No. 3878 of 2020
• Jhanendra Mahilange S/o Late Mahilange Aged About 48 Years R/o Village Durug, Police Station Sarsiva, District Balodabazar Chhattisgarh. ---- Applicant Versus
• State Of Chhattisgarh Through Police Station Civil Line, District Bilaspur Chhattisgarh. ---- Respondent
MCRC No. 4002 of 2020
• Mahendra Banjare S/o Amardas Banjare Aged About 47 Years R/o Ward No. 18, Village Garra, Dilwapara Bemetara, Police Station And District Bemetara, Chhattisgarh ---- Applicant Versus
• State Of Chhattisgarh Through Police Station Civil Line, District Bilaspur, Chhattisgarh ---- Respondent

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For Applicants : Shri Abhishek Sinha and Shri Rakesh Pandey, Advocates For Respondent/State : Shri Vikram Sharma, Dy.GA

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Hon'ble Smt. Justice Rajani Dubey

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Order On Board

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05/08/2020

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As all the three M.Cr.Cs. arise out of the same crime number, they are being disposed of by this common order.

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The applicants have filed this application under Section 439 of the Code of Criminal Procedure for grant of regular bail as they are in custody in connection with Crime No. 110/2020 registered at police station Civil Lines, District Bilaspur (CG) for the offence punishable under Section 420/34 IPC.

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Case of the prosecution in brief is that report was lodged by the complainant alleging that the applicants allured him to purchase a land situated in Uttar Pradesh and thereby cheated him of Rs. 43 lacs.

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Counsels for the applicants submits that the applicants are innocent and have been falsely implicated in the crime in question. It is submitted that the applicants are in jail since 19.02.2020; the charge sheet has already been filed and looking to the conduct of the prosecution it is clear that the trial will take time for its conclusion.

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

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Having heard counsel for the parties, considered the totality of the fact, in particular the detention period of the applicants, I am

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inclined to release them on regular bail. Accordingly, their applications filed under Section 439 of the Code of Criminal Procedure are allowed.

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It is directed that in the event of the applicants' furnishing a personal bond in the sum of Rs. 1,00,000/- each with one surety for the like sum to the satisfaction of the concerned Court, they shall be released on bail.

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It is made clear that if the applicants' have already been released on bail pursuant to the bail bonds already furnishing in view of the order passed by the High Power Committee constituted in compliance of the order of the Supreme Court of India dated 23.03.2020 in the matter of In Re: Contagion of COVID 19 Virus in Prisons (Suo Moto Writ Petition (C) No. 1/2020), they need nod furnish bail bonds afresh and the bail bonds already furnished shall be deemed to be the bail bonds furnished in compliance of the order of this Court, but if they have not furnished the bail bonds earlier, then they will be required to furnish bail bonds within four weeks' from today.

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Sd/(Rajani Dubey) Judge

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suguna

Jhanendra Mahilange v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Jhanendra Mahilange v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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