Mritunjay Singh vs State Of Chhattisgarh
2022 Latest Caselaw 4264 Chatt

                                    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

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

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