MANOJ Vs. STATE

JUDGEMENT

(1.) Heard the petitioner counsel and learned counsel for the State and the learned counsel submits that it is a successive bail petition invoking under Sec. 438 of Cr.P.C and earlier approached the Court during the crime stage and now charge sheet has been filed and he may be enlarged on bail and any condition may be imposed.

(2.) The counsel also support of his submission relies upon the judgment AIR 2010 SC 1225 wherein Apex Court held that the allegation of cheating, forgery against the appellant, third bail application was rejected by High Court. The appellant submits that the dispute is purely of civil nature, submission cannot be brushed aside. Defense put forward by appellant cannot be obliterated at this stage itself. Denial of bail merely because allegation pertains to cheating and forgery of valuable security are solely on the ground that the challan now been presented is not proper.

(3.) The counsel for the State submits that this Court already decided in the earlier petition in Crl.P.No.4850/2022 vide order dtd. 9/6/2022 on merits and comes to the conclusion that it is not a fit case to exercise a discretion in favour of petitioner under Sec. 438 of Cr.P.C, the same cannot be entertained.