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2003 DIGILAW 18 (CHH)

SUNDER SINGH DHRUW v. STATE OF CHHATISGARH

2003-02-11

K.H.N.KURANGA

body2003
K. H. N. KURANGA, CJ. ( 1 ) HEARD both the counsel. This petition under Section 439 of Cr. P. C. has been filed by applicant Sunder Singh Dhruw for grant of bail. He is the accused in Crime No. 389 of 2002 registered in Mohan Nagar Police Station, Durg for the offence punishable under Section 420 of I. P. C. ( 2 ) THE case of the prosecution is that the applicant cheated Satish Das and Vinod by taking Rs. 25,000. 00 promising them to supply cement stating that his name was Vipin Jam, but later on it was found that the name of the applicant is Sunder Singh Dhruw and not Vipin Jam. ( 3 ) LEARNED Counsel appearing for the applicant submitted that according to the complainants the applicant took money of Rs. 25,000. 00 from them on 8/11/2002 but the complaint was filed on 26/11/2002. Thus, there is abnormal delay in filing the complaint and there is no material to show that the applicant took money from the complainant. The offence under Section 420 of I. P. C. is punishable with imprisonment for seven years. Counsel submits that the applicant is in jail sinc 27/11/2002. ( 4 ) HAVING regard to these facts, I am of the opinion that it is a fit case to admit the applicant to bail. Accordingly the petition is allowed. Applicant Sunder Singh Dhruw is directed to be released on bail on his executing a bond in sum of Rs. 5,000. 00 (Rupees Five Thousand Only) with two sureties for the like sum to the satisfaction of the concerned Magistrate for his appearance before the said Court/trial Court, or as and where so directed. Parties are entitled for certified copy of this order. Application allowed. --- *** --- .