Decided on January 13,2005

Gyanu Pardhi Appellant
State Of C G Respondents


- (1.) LEARNED panel lawyer for the State submits that case diary has come. Learned counsel for both the parties pray that the case may be heard and decided finally. Considered. Prayer allowed. Heard finally. The accused/applicant has preferred this application under Section 439 of the Cr.P.C. for grant of bail. He is accused in Crime No. 152/2004 registered at Police Station Baloda Bazar, Raipur (CG) for commission of offences punishable under Sections 419, 420, 120(B), 467, 468, 471 read with Section 34 of the IPC. It is not disputed that other co-accused has already been released on bail. Allegation against the applicant is that he falsely personated another and became surety, personating himself as "Mujanu" in the Court of Judicial Magistrate. Contention of the applicant is that although a series of Sections has been mentioned by the prosecution but the offence comes within the purview of Section 205 of the IPC, which is bailable. Taking into consideration all the materials, I am of the opinion that, it is a fit case in which the applicant who is behind the bars is entitled to be enlarged on bail. Accordingly, the petition under Section 439 of the Cr.P.C. is allowed, and it is directed that, on furnishing a personal bond of Rs. 50,000/- (Rupees fifty thousand) with two solvent sureties of the like sum by the applicant to the satisfaction of the concerned Court for his appearance before that Court as and when directed, he be released on bail. In the light of above order I.A.No. 4666/2004 for urgent hearing stands disposed of. Application Allowed.;

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