Allowed

Shabas Khan v. State of Chhattisgarh

Chhattisgarh HC4 Nov 2022MCRC/9285/2022

Case brief

AI extract

What is this about?

In this bail application under Section 439 CrPC, the High Court of Chhattisgarh allowed the applicant's request for regular bail in a cheating case. The court noted the settlement of the matter and that one victim had applied for compounding.

What did the court decide?

Application allowed; directed to release on personal bond of Rs.25,000/- with one surety in the like sum upon appearance before the concerned court as directed.

Shabas Khan Vs State of Chhattisgarh — Cheating and Forgery | Chhattisgarh HC (2022)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No.9285 of 2022

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Shabas Khan S/o Shri Baz Khan Aged About 42 Years R/o Naya Para, Ward No. 6, Bajrang Chowk, P. S. Kotwali, District : Mahasamund, Chhattisgarh

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---Applicant

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Versus

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State Of Chhattisgarh Through District Magistrate Raipur, Chhattisgarh ----Non-Applicant

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For Applicant: Shri Aman Sharma, Advocate. For Non-Applicant/State: Shri Ashish Tiwari, G.A

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Hon'ble Shri Justice Deepak Kumar Tiwari Order on Board

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04.11.2022

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This is 2^nd bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the Applicant, who has been arrested in connection with Crime No.119/2018 registered at P.S Golbazar, District Raipur (CG) for the offence punishable under Sections 420, 467, 468, 471/34 and 201 IPC. The earlier application has been dismissed vide order dated 27.06.2022 passed in M.Cr.C No.4238/2022.

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Case of the prosecution is that the present Applicant had cheated the complainant and other persons by obtaining huge amounts from them on the pretext of providing jobs in the Government Departments, therefore, the aforesaid offence has been registered against him.

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Learned counsel for the Applicant submits that the Applicant has been falsely implicated in the crime in question for which, he was arrested on 21.11.2021. He further submits that complainant Lokesh Sahu has filed an application before the trial Court on 25.01.2022 for compounding the offence which has been rejected. He lastly submits that the complainant had settled the matter, the offence is triable by the JMFC, the trial is likely to take quite some

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time, therefore the Applicant may be released on bail.

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On the other hand, learned counsel for the Non-Applicant/State opposed the bail application and submits that apart from complainant Lokesh Sahu, there are many other persons who have been cheated by the present Applicant and therefore, the trial Court has rightly kept the application for compounding the offence in abeyance, the other accused persons are still absconding, therefore, the present Applicant is not entitled to be released on bail.

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Having heard learned counsel for the parties, having regard to the facts and circumstances of the case, considering that the Applicant is in jail since 21.11.2021, the offence is triable by the JMFC, one of the victims who had lodged FIR had already moved an application for compounding the offence, without further commenting anything on merits, I am inclined to allow the application.

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Accordingly, the application is allowed and it is directed that on Applicant’s furnishing a personal bond for a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned Court, he shall be released on bail. He shall however, make his appearance before the concerned Court as and when so directed.

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Sd/-

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(Deepak Kumar Tiwari) Judge

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Priya

Shabas Khan v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Shabas Khan v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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