(Kurian Joseph and Navin Sinha, JJ.)
Criminal Appeal No. 480/2018
[Arising From SLP (Crl) No. 650/2018]
Sunil Kumar Panda _______________________________ Appellant;
v.
State of Chhattisgarh ______________________________ Respondent.
With
Criminal Appeal No. 481/2018
[Arising From SLP (Crl) No. 748/2018]
Sunil Kumar Panda __________________________________ Appellant;
v.
State of Chhattisgarh ______________________________ Respondent.
Criminal Appeal No. 480/2018 (Arising From SLP (Crl) No. 650/2018) and Criminal Appeal No. 481/2018 [Arising From SLP (Crl) No. 748/2018], decided on April 2, 2018
The Order of the court was delivered by
Order
1. Leave granted.
2. The appellant has been arrested by the police of Police Station Chirmiri, Distt. Koriya, Chhattisgarh on 22.07.2017 in connection with Crime No. 79/2016 for alleged offence u/s. 420/34 IPC and Sections 4 and 5 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978 and Section 10 of the Chhattisgarh Protection of Depositors Interest Act, 2005. We are informed that the investigation has been completed in both the cases and the police has filed its final report.
3. Learned counsel appearing for the State, points out that the appellant is from State of Odisha and he has already been convicted in another case and is serving the term of sentence. Learned counsel further submits that in case the appellant is released on bail, the co-accused will also seek their release, on parity.
4. As far as the appellant is concerned, he has been in custody since July, 2017 and the investigation has already been completed.
5. Having regard to the entire facts and circumstances of the cases, we are of the view that it is only just and proper that the appellant is released on bail, in both these cases, pending trial.
6. Therefore, these appeals are allowed, releasing the appellant on bail, in connection with FIRs bearing Crime No. 79/2016 registered at P.S. Chirmiri, Distt. Koriya, Chhatisgarh and Crime No. 336/2016 registered at P.S. Manendragarh, Distt. Koriya, Chhatatisgarh, subject to such conditions as may be imposed by the Trial Court.
7. The appeals are allowed, as above.
8. Pending applications, if any, shall stand disposed of.
Petition(s) for Special Leave to Appeal (Crl.) No(s). 650/2018
Sunil Kumar Panda _________________________________ Petitioner
v.
State of Chhattisgarh _____________________________ Respondent
(FOR ADMISSION and I.R.)
WITH
SLP(Crl) No. 748/2018 (II-C)
(FOR EXEMPTION FROM FILING ORIGINAL OF CUSTODY CERTIFICATE ON IA 11516/2018)
Date : 02-04-2018 These petitions were called on for hearing today.
(Before Kurian Joseph and Navin Sinha, JJ.)
For Petitioner(s) Mr. Suresh Chandra Tripathy, AOR
Mr. A. Deb Kumar, Adv.
Mrs. A. Deepa, Adv.
Mr. Sudhakar Dwivedi, Adv.
Mr. Kulbhushan Arora, Adv.
Mr. Pankaj Kumar Singh, Adv.
For Respondent(s) Mr. Atul Jha, Adv.
Mr. Sandeep Jha, Adv.
Mr. Dharmendra Kumar Sinha, Adv.
UPON hearing the counsel the Court made the following
ORDER
9. Leave granted.
10. The appeals are allowed in terms of the signed order.
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