The High Court of Chhattisgarh allowed bail applications filed by seven applicants under Section 439 CrPC. They were in custody for offences concerning fraudulent property sale. The court directed release upon furnishing personal bonds.
Release of applicants on bail conditioned on furnishing personal bonds of Rs. 50,000 each with one surety.
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.
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MCRC No. 7605 of 2019
All R/o Gram Panchayat, Dewadand, Post Dewadand, Tahsil Khadgawa, District Koriya, Chhattisgarh.
---- Applicants
Versus
---- Respondent
MCRC No. 395 of 2020
All R/o Village- Jarondha, Judwanipara, Police StationKhandgawa, District- Koriya, Chhattisgarh., District : Koriya (Baikunthpur), Chhattisgarh
---- Applicants
Versus
---- Respondent
For Applicants : Shri Vikas Pandey and Shri Anil Gulati, Advocates
For Respondent /State : Shri Samir Sharma, Dy.GA
Hon'ble Smt. Justice Rajani Dubey
Order On Board
16/01/2020
As both these M.Cr.Cs. arise out of the same crime number, they are being disposed of by this common order.
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. 252/2019 registered at police station Manendragarh, district Koriya (CG) for the offence punishable under Sections 420,467,468, 471 and 120-B IPC.
Case of the prosecution in brief is that a report was lodged by complainant Devpirya alleging that a land situated at villagle Chaughada bearing Khasra No. 148 rakba 1.34 hectares was purchased by a registered sale deed which was sold by the applicants to some other person.
Counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the crime in question. He submits that the applicants are in jail since3.10.2019; the charge sheet has already been filed; the offence is triable by the Magistrate and looking to the conduct of the prosecution it is clear that the trial will take time for its conclusion.
On the other hand counsel for the State opposes the bail application.
Having heard counsel for the parties, considered the totality of the fact, in particular the detention period of the applicants, I am inclined to release them on regular bail. Accordingly, their applications filed under Section 439 of the Code of Criminal Procedure are allowed.
It is directed that in the event of the applicants' furnishing a personal bond in the sum of Rs. 50,000/- each with one surety for the like sum to the satisfaction of the concerned Court, they shall be released on bail.
Sd/(Rajani Dubey) Judge
suguna
1 issue framed by the court
Whether the applicants should be granted regular bail under Section 439 CrPC despite being implicated in cheating and forgery offences.
1 provisions across 1 enactments
Manmati and Ors.
Gokul Prasad and Ors.
State Of Chhattisgarh
Rajani Dubey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
