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2025 DAILYLAW 6186 (CHH)

PUNNI LAL KURRE v. STATE OF CHHATTISGARH

CRMP/250/2023 · 2025-01-23

Shri Deepak Kumar Tiwari

body2025

Judgment text

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1 2025:CGHC:4224 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 250 of 2023 1 - Punni Lal Kurre S/o Late Firtu Kurre, Aged About 61 Years, R/o Shanti Nagar, Behind Siddh Shikhar Apartment, Bilaspur, District : Bilaspur, Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Station House OfÏcer, Police Station - Ratanpur, District - Bilaspur, Chhattisgarh. ... Respondent(s) For Petitioner(s) : Mr. Kamlesh Kumar Pandey, Advocate For Respondent/ State : Mr. S.K. Puria, Panel Lawyer SB.: Hon'ble Mr. Justice Deepak Kumar Tiwari Order on Board 23/01/2025 1. This petition has been preferred for extension of time to comply with the order dated 9.1.2023 passed in MCRCA No.1817/2022. 2. On the basis of an undertaking furnished by the petitioner with regard to depositing the embezzled money, anticipatory bail was granted by this Court in his favour as per the conditions stipulated in Digitally signed by SHYNA AJAY Date: 2025.01.23 15:47:24 +0530 2 para 6 of the said order, which reads as under : (i) as per the undertaking given before this Court, the applicant shall deposit a sum of Rs.77,71,932/- within a period of 15 days to the account of the State Government. (ii) The applicant shall prepare a bank draft in the name of District Education OfÏcer, Bilaspur and upon handing over the said bank draft, within the said period, the concerned District Education OfÏcer shall issue a memo to the Police Station Ratanpur and shall also inform in writing to the applicant for acknowledgment of the said bank draft. (iii) No coercive steps shall be taken against the applicant during the said period of 15 days by the police ofÏcers. (iv) Upon fulfilling the aforesaid conditions, within the stipulated period, the arresting ofÏcer shall release the applicant on anticipatory bail on his furnishing a personal bond for a sum of Rs.1 lakh with one surety of the equal amount to the satisfaction of the arresting ofÏcer. (v) he shall not influence the witnesses during trial. (vi) he shall make himself available for interrogation by a police ofÏcer as and when required; (vii) he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police ofÏcer. 3. Learned counsel for the petitioner submits that in pursuance of the aforesaid order, the petitioner has deposited an amount of Rs.2 lakhs through Challan in the Account of the State Government and also made a representation for adjusting/deducting of the amount, but the concerned authority has not decided the said representation. Hence, learned counsel for the petitioners prays for time to extend the time to deposit the amount. 4. Per contra, learned counsel for the State would submit that as to 3 whether any amount is due or not is the subject matter of service dispute and the same shall not be adjudicated while considering the bail plea. He further submits that more than one year has passed but he has not complied with the order dated 9.1.2023, therefore, considering the gravity of the offence, no further extension of time may be allowed. 5. Having considered the submissions of learned counsel for the parties, I am not inclined to modify the terms and conditions of the order dated 9.1.2023 passed in MCRCA No.1817/2022. 6. Accordingly, this Petition is dismissed. Sd/- (Deepak Kumar Tiwari) Judge Shyna