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2004 DIGILAW 106 (CHH)

PUSHPENDRA SINGH KESHAV SINGH v. STATE OF CHHATTISGARH

2004-05-18

L.C.BHADOO

body2004
L. C. BHADOO, J. ( 1 ) HEARD on M. Cr. C. No. 887/2004. ( 2 ) THIS application under Section 439 of the Cr. P. C. has been filed by the accused/applicant for releasing him on bail in connection with the Crime No. 553/2003 registered at Police Station Bhilai-3, Durg for commission of the offence punishable under Section 420 and 407 read with Section 34 of the Indian Penal Code. ( 3 ) THE case of the prosecution is that the accused/applicant is one of the drivers of the truck bearing No. CGO4 G 1165 in which 135 VCDs were loaded from Gaziabad to be transported to Raipur. However after reaching to the destina-tion 7 VCDs were found missing, accor-dingly a Crime No. 17/2003 was regi-stered against the present accused/applicant and two other accused namely Devi Singh and Durjan Singh for commi-ssion of the offence under Sections 420 and 407 read with Section 34 of the IPC and the charge-sheet has been filed against the accused persons. I have heard learned counsel for the parties. ( 4 ) LEARNED counsel for the accused/applicant argued that the accused/applicant is in custody since 12-8-2003 thereby he has almost completed eight months and trial is still likely to take some time, therefore, looking to the nature of the offence he be released on bail. The offence is triable by the Magistrate. ( 5 ) HAVING heard the learned counsel for the parties and having regard to the facts and circumstances of the case, I am of the opinion that this is a fit case in which the accused/applicant/pushpendra Singh should be enlarged on bail during trial. Accordingly, the application is allowed. It is directed that if the accused/applicant-Pushpendra Singh furnishes a personal bond in sum of Rs. 10,000/- with a surety in the like sum to the satisfaction of the concerned trial court, he be released on bail for his appearance before the trial Court. ( 6 ) PARTIES are entitled for certified copy of this order. Petition allowed. --- *** --- .