CHANDAN NISHAD Vs. STATE OF C G

JUDGEMENT

(1.) THE applicant has preferred this application under Section 439 of Cr.P.C. as he has been arrested in connection with Crime No. 225/2008 registered in Police Station Rajim, Distt. Raipur for offence punishable under Sections 457 and 380 of I.P.C. Case of the prosecution, in brief, is that theft of silver ornaments was committed in the intervening night of 6th and 7th July, 2008 by co-accused persons namely Gokaran, Manoj and Trilochan Sahu and some part of the stolen silver ornaments was sold to the present applicant. The co-accused persons were arrested in connection with Crime No. 52/2008 registered in Crime Branch, Raipur. During their interrogation, they also disclosed that they were also involved in the theft in the shop of Satish Parakh and they further disclosed that they sold the stolen silver ornaments to the present applicant and accordingly, the article of theft weighing 1.500 kg. was seized from possession of the present applicant, which the applicant has purchased for a consideration of Rs. 50,000/-.

(2.) LEARNED counsel for the applicant submits that the applicant is engaged in the business of goldsmith and he is bonafide purchaser. The applicant is in custody since 28-8-2008. On the other hand, learned counsel for the State, opposing the bail application, contended that the applicant is habitual offender. He is in the habit of purchasing stolen ornaments. Two other criminal cases for offences under Sections 457, 380 and 411 of I.P.C. are pending against the present applicant. Therefore, he is not entitled for bail. Having heard learned counsel for the parties, considering the fact that the applicant is in jail since 28-8-2008 and offence is triable by Magistrate First Class, the application is allowed and it is directed that applicant Chandan Nishad be released on bail on his furnishing a personal bond in the sum of Rs. 10,000/- with two sureties, each of the like amount to the satisfaction of the trial Court. Bail Granted.