Chattisgarh High Court
Vinod Kumar Pritwani & Ors vs State Of Chhattisgarh on 25 May, 2017
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MCRC No. 1619 of 2017
1. Vinod Kumar Pritwani S/o Late Arjun Das Pritwani, Aged About 40 Years
Occupation Business R/o B- 3, Sector -3, Samta Colony Near Agrasen
Chowk, Police Station Saraswati Nagar Raipur Chhattisgarh
2. Upendra Singh, S/o Late Karamdev Singh, Aged About 36 Years
Occupation - Private Job, R/o House Of Parsuram Singh, Sai Vihar Colony,
Siltara, Police Station Dharsiva, Raipur Chhattigarh
3. Tarapado Layak, S/o Shanker Chandra Layak, Aged About 48 Years
Occupation Private Job, R/o House Of D.M. Baburao, Shivanand Nagar
( Shrinagar ) Police Station Khamtarai, Raipur Chhattisgarh
---- applicants
Versus
• State of Chhattisgarh Through Police Station City Kotwali, Mahasamund,
District Mahasamund Chhattisgarh
---- Respondent
And MCRC No. 1898 Of 2017 • Rizwan Ahmad S/o Tahouvar Ali Aged About 30 Years R/o Village Khursipar, Zone-3, Street No. 10, Bhilai, District Durg, Chhattisgarh.
---- applicant Vs • State of Chhattisgarh Through The Station House Officer, Police Station Mahasamund, District Mahasamund, Chhattisgarh.
---- Respondent And MCRC No. 2020 Of 2017
1. Sonu Kumar S/o Indrajeet Chamar Aged About 22 Years R/o Premnagar, Ward No. 35, Nagloi Railway Station, Nagloi, District East Delhi, At Present R/o Village Hardi, House of Rajesh Kumar Jaiswal, P.D. Sarsiva, District Balodabazar- Bhatapara, Chhattisgarh.
2. Rajesh Jaiswar S/o Ramvilas Jaiswar Aged About 41 Years R/o Kushara Police Station Bakhira, District Sant kabir Nagar (Uttar Pradesh), At Present 2 R/o Khursipar, Zone No. 3, Street No.2, C- Bhilai, Police Station Khursipar, District Durg, Chhattisgarh.
3. Shatrughan Jaiswar @ Shatrughan Jaiswal @ Shatru S/o Jagdish Jaiswar Aged About 30 Years R/o Khursipar, Zone No. 3, Street No. 10, Quarter No. 2, C- Bhilai, Police Station Khursipar, District Durg, Chhattisgarh.
---- applicants Vs • State of Chhattisgarh Through The Station House Officer, Police Station Mahasamund, District Mahasamund, Chhattisgarh
---- Respondent And MCRC No. 3601 Of 2017 • Duleshwar Prasad Ramteke S/o Premlal Ramteke, Aged About 32 Years R/o Gandhi Nagar, Bhilai-3, District Durg, Chhattisgarh
---- Applicant Vs • State of Chhattisgarh Through The Station House Officer, Police Station Mahasamund, District Mahasamund, Chhattisgarh
---- Respondent For Applicants (in M.Cr.C. No.2020, 1898 & 3601 of 2017) : Shri HK Sharma, Adv. For Applicants (in M.Cr.C. No.1619/2017) : Shri CR Sahu, Adv. For Respondents-State : Shri PK Bhaduri, GA for the State HON'BLE The Vacation Judge Order On Board 25/05/2017
1. These are the First Bail Applications under Section 439 of Cr.P.C. The applicants have preferred these applications for grant of bail as they are arrested in connection with Crime No.195/2015, registered in 3 Police Station City Kotwali, Mahasamund, District Mahasamund for offence under Sections 407, 420, 411, 467, 468, 379, 120-B, 201, 471/34 IPC.
2. It is alleged by the prosecution that certain furnace oil was purchased by Jindal Steel and Power Limited from Hindustan Petroleum Corporation Limited, Mandir Hasoud, which was to be transported to Zindals Power Plant at Raigarh. The Tanker through which furnace oil was being transported was diverted to the factory premises of applicant Vinod Kumar Pritwani, who also used to purchase furnace oil from HPCL. Shri Vinod Kumar Pritwani allowed his premises to be used to adulterate the furnace oil by mixing certain foreign materials/liquids and the tanker was used to resealed and sent to the Jindals. Premises of Kamal Chouhan named as Shyam Chemical was also used for the above criminal activity.
3. It is argued that several co-accused persons namely Kamal Kishore Sain, Nisar Khan, Bhek Singh, Prakash Chakradhari and Premlal Ramteke have already been released on bail out of the total 17 charge-sheeted accused persons. The offences are triable by JMFC, therefore, the applicants deserve to be released on bail.
4. Per contra, learned State counsel would submit that bail application of co-accused Umesh Kumar Sahu @ Umesh Sao has been dismissed twice by this Court and thereafter his SLP has also been withdrawn from the Supreme Court and his third bail application is also heard and reserved for order by the co-ordinate Bench, therefore, the applicants do not deserve to be released on bail. 4
5. Having considered all relevant aspects of the matter including release of the co-accused persons on bail, particularly release of Premlal Ramteke, who is a transporter, in M.Cr.C. No.128/2016, in whose tankers the spurious furnace oil was first detected and also for the reason that the applicants are in jail since last more than two years and the offences are triable by JMFC, this Court is inclined to release all the applicants on bail.
6. Accordingly, all the bail applications are allowed and the applicants are directed to be released on bail on their executing a personal bond in sum of Rs.25,000/- each with one surety in the like sum to the satisfaction of the trial Court. They are directed to appear before the trial Court on each and every date given by the said Court.
Sd/-
Vacation Judge Prashant Kumar Mishra Ashu