1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MCRC No. 3220 of 2022
• Mritunjay Singh S/o Vijay Singh Aged About 33 Years R/o
Pahlejpur, Police Station - Gotiya Kothi, Distict Shivan (Bihar)
Presently R/o Patrapali, House Of Jaitram Patel, Police Station -
Kotra Road, Tehsil And District Raigarh (C.G.)
---- Applicant
Versus
• State Of Chhattisgarh Through Station House Officer, Police
Station - Kotra Road, Tehsil And District Raigarh (C.G.)
---- Respondent
For Applicant : Shri Vipin Punjabi, Advocate For Respondent/State : Shri Raghavendra Verma, GA Hon'ble Smt. Justice Rajani Dubey Order On Board 06/07/2022 The applicant has filed this application under Section 439 of the Code of Criminal Procedure for grant of regular bail as he is in custody in connection with Crime No.150/2011 registered at police station Kotra Road, District Raigarh (CG) for the offence punishable under Section 302 IPC and 25 and 27 of the Arms Act.
As per prosecution case, deceased Sanjeev Singh was engaged as Contractor in Jindal Iron Factory Patrapali. It is alleged that the deceased was having illicit relation with the wife of the the present applicant. It is further case of prosecution that in the intervening night of 18-19.09.2011, deceased was invited by the applicant and other 2 accused persons for consuming liquor and subsequent to that, deceased was shot by the applicant with a desi katta causing him fatal injuries, resulting in his death.
Counsel for the applicant submits that the conviction against the applicant is erroneous and based on circumstantial evidence though the FIR was lodged against unknown person. He submits that the applicant is languishing in jail since 23.09.2011; the trial has been concluded and he has been convicted vide judgment dated 30.06.2014 and therefore he has preferred appeal against the conviction before this Court in Cr. A. No. 701/2014 and by judgment dated 22.02.2022, the case was remanded to the trial court and looking to the conduct of the prosecution it is clear that the trial will take time for its conclusion and therefore he may be released on bail.
On the other hand counsel for the State opposes the bail application.
Heard counsel for the parties. Earlier, the case has been remanded back to the trial court vide order dated 22.02.2022 in Cr.A. No. 701/2014 and the applicant filed bail application before the trial court but the trial court dismissed the bail application filed by the applicant. Thereafter the applicant moved application u/s. 482 Cr.P.C vide Cr.M.P. No. 415/2022 before the Division Bench of this Court, which was dismissed on 10.03.2022 and it was directed to the trial court to comply the order passed in Cr.A. No. 701/2014 expeditiously.
Thus, considering the totality of the fact, in particular the detention period of the applicant which is more than 11 years and 3 looking to the conduct of the prosecution it is clear that the trial will take sometime for its conclusion, I am inclined to release him on regular bail. Accordingly, his application filed under Section 439 of the Code of Criminal Procedure is allowed.
It is directed that in the event of the applicant's furnishing a personal bond in the sum of Rs.50,000/- with two local sureties for the like sum to the satisfaction of the concerned Court, he shall be released on bail.
Sd/-
(Rajani Dubey) Judge suguna