LAWS(CHH)-2004-8-7

GYAN CHAND AGRAWAL Vs. STATE OF C G

Decided On August 18, 2004
Gyan Chand Agrawal Appellant
V/S
State Of C G Respondents

JUDGEMENT

(1.) M .Cr.C. No. 1530/2004 (Gyan Chand Agrawal Vs. State of Chhattisgarh) and M.Cr.C. No. 1668/2004 (Suresh Kejriwal Vs. State of Chhattisgarh) filed under Section 438 of the Cr.P.C. are being disposed of by this common order, as these applications relate to the same Crime No. 76/ 2004.

(2.) THE accused/applicants have preferred these bail applications under Section 438 of the Cr.P.C. apprehending arrest in Crime No. 76/2004 registered at Police Station Bhilai Bhatti, for the commission of the offences under Sections 420, 467, 468, 469 and 471 read with Section 34 of the I.P.C., for releasing them on anticipatory bail before arrest.

(3.) SHRI Gyan Chand Agrawal sold the said steel to Sunil @ Pawan Agrawal of M/s Dinesh Trading Company and also to some other customers. When this fact came to the notice of Additional Chief Engineer Mr. G.S. Deshpande through news items published in the newspaper, after enquiry from Bhilai Steel Plant about the news items Mr. G.S. Deshpande came to know that M/s Shiva Technomech has taken delivery of the excessive steel on the strength of the forged letters shown to be issued by him and the Executive Engineer, as such he immediately reported the matter to the Police on 28th May 2004. Based on this report a case was registered for the above-mentioned offences and the matter is still under investigation. During the investigation, two persons namely D.D. Agrawal, who in fact took delivery of the steel on the strength of the forged letters and Sunil @ Pawan Agrawal who purchased the large quantity of steel were arrested 15th June 2004. However, the investigating team could not lay hand on the present accused/ applicants in spite of their best efforts to arrest.