Allowed

Jakir Shafi Shekh v. State of Chhattisgarh

Chhattisgarh HC21 Feb 2024MCRC/557/2024

Case brief

AI extract

What is this about?

Three applicants sought regular bail in a case of encashing 21 forged cheques through core banking, withdrawing about Rs.1.29 crore. Noting over a year's detention, filing of charge sheet, and Supreme Court bail to similarly situated co-accused Rajnish Kumar, the court allowed bail without commenting on merits.

What did the court decide?

Applicants released on bail with Rs. 50,000/- personal bond each and two local sureties of like amount.

Jakir Shafi Shekh Vs State of Chhattisgarh — Cheating and Forgery | Chhattisgarh HC (2024)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 952 of 2024 Sachin Prakash Salaskar S/o Prakash Salaskar Aged About 29 Years R/o 102, Vijyanand Park, Ekmanwelpada, Road Virar East, Distt. Thane, Maharashtra. ---- Applicant ( In Jail) Versus
State Of Chhattisgarh Through Station House Officer, P.S. Charcha, Distt. Koriya (C.G.) ----Non-Applicant MCRC No. 557 of 2024 Jakir Shafi Shekh S/o Shafi Shekh Aged About 40 Years R/o 302, 15 Number Building, Siddharth Nagar Station Meera Road Estate, Police Station Kashi Mira, District Thane, Maharastra ----Applicant ( In Jail) Versus
State Of Chhattisgarh Through Station In-Charge, Charcha, District- Koriya, (C.G.) ----Non-Applicant MCRC No. 608 of 2024
Atish Subhash Gaikwad S/o Shri Subhash Chandu Gaikwad Aged About 20 Years R/o Budhnagar Aazad Nagar, Vadar Colony Road Near Santoshi Mata Mandir, Ulhasnagar, P.S. Ulhasnagar, District : Thane, Maharashtra ----Applicant ( In Jail) Versus
State Of Chhattisgarh Through Station In-Charge, Charcha, District : Koriya (Baikunthpur), (C.G.) ----Non-Applicant
For Applicant : Mr. Anuroop Panda, Advocate on behalf of Mr. Vibhore Goverdhan, Advocate. For State : Mr. Sanjeev Pandey, Dy. A. G.

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Hon'ble Smt. Justice Rajani Dubey

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Order on Board

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22.02.2024

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Since the aforesaid applications under Section 439 of Criminal Procedure Code arise out of Crime No. 104/2022 registered at Police Station- Charcha, District Koriya (C.G.) for the offence punishable under Sections 420, 467, 468, 471 of IPC & Sections 66, 66(B), 66 (C) and 66 (D) of I.T. Act of the Information and Technology Act, 2000, they are being disposed of by this common order.

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Earlier bail applications of the applicant were dismissed.

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As per the prosecution case, during the period from 22.03.2022 to 13.04.2022, the applicants along with other co-accused persons got 21 forged and fabricated cheques encashed through core banking and thereby fraudulently withdrew a total sum of Rs. 1,29,00,708/-.

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Learned counsel for the applicants submit that they are innocent and have been falsely implicated in the crime in question. There is no direct evidence to connect the applicants with the said crime. Learned counsel further submits that the present applicants are behind the bar since for more than one year, charge sheet has been filed and vide order dated 30.11.2023, co-accused namely Rajnish Kumar in whose account the amount was transferred, has been granted bail by Hon’ble Apex Court, therefore, the present applicants may also be extended privilege of regular bail.

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On the other hand, learned State counsel opposed the bail applications.

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Considering the totality of the facts and circumstances of the case and further considering the order dated 30.11.2023 of Hon’ble Apex Court granting bail to similarly situated co-accused namely Rajnish Kumar in the aforesaid crime number, the

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detention period of the present applicants and the trial may take some time, without commenting anything on merit of the case. I am inclined to release the applicant on regular bail.

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Accordingly, the aforesaid bail applications are allowed.

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It is directed that the applicants shall be released on bail on their executing a personal bond for a sum of Rs. 50,000/- - Rs. 50,000/- each with two local sureties of the like amount to the satisfaction of the trial Court for their appearance before the said Court as and when directed.

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Certified copy, as per rules.

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Sd/-

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(Rajani Dubey) Judge

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Uttej

Jakir Shafi Shekh v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Jakir Shafi Shekh v. State of Chhattisgarh

Case brief

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What did the court decide?

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