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Judgment
This is the fourth Bail Application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who has been
arrested on 17.04.2017 in connection with Crime No.106/2017 registered at Police Station- Supela District Durg for the offence punishable under
Sections 420, 467, 468, 471, 409, 120 (B), 34 of I.P.C.
The first bail application was dismissed as withdrawn on 12.10.2017. The second bail application was also dismissed as withdrawn on 25.02.2019
and the third bail application was rejected on 06.09.2019.
As per the prosecution case, a report was made by Goukaran Tandan that Sukhchand on behalf of Sahyog Bachat Avm Sakh Saharkari Samiti on
the allurement to give high return of amount collected different amount and the applicant Manish Solanke was one of the directors of the Samiti.
Thereafter, neither the money was returned nor any plot was given to them. Consequently,the offence has been committed.
Learned counsel for the applicant submits that the applicant is in jail since 17.04.2017 and 4 years have passed and trial is yet not concluded. He
further submits that out of 37 witnesses only 11 witnesses have been examined, therefore, he may be released on bail.
Per contra, learned State counsel opposes the prayer for grant of bail.
Considering the time lapsed the applicant is in jail since 17.04.2017 and trial may take some time and only 11-12 witnesses have been examined,
considering the pre trial detention, I am inclined to release the applicant on bail.
Accordingly, the fourth bail application is allowed and the applicant is directed to be released on bail on his executing a personal bond in sum of
Rs.25,000/- with one surety in the like sum to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date
given by the said Court.