Shahnawaj Samnani vs. State Of Chhattisgarh
Held
The Court rejected the third bail application. While acknowledging that the detention period and delay in trial are considerable factors, the Court emphasized that the seriousness of the offence and its impact on society are more material. The Court found no evidence to hold the trial court responsible for the delay. Therefore, considering the facts and circumstances, the Court deemed it not a fit case for granting bail in the third round of litigation. The trial court was directed to expedite the trial and dispose of the case as soon as possible after resuming regular court work.
Facts
The applicant, Shahnawaj Samnani, is seeking his third bail application before the High Court of Chhattisgarh. He was appointed as the manager of V.M. Fuels, a Reliance Petrol Pump, and was responsible for depositing various taxes, including GST. The prosecution alleges that in June 2018, the applicant failed to deposit ₹4,00,000/- to Reliance company for petrol supplied. Further investigation revealed that he had not deposited ₹2,90,724/- towards GST, EPF, and ESIC, and subsequently submitted forged challans. The applicant has been in jail since April 22, 2019. His previous two bail applications were rejected by the High Court due to the prima facie case against him.
Key Issues
1. Whether the applicant should be released on bail considering his prolonged detention period and the alleged delay in the trial, as per Section 439 of the Cr.P.C.? Petitioner's argument: The applicant's counsel argued that the applicant has been in jail since April 22, 2019. Despite the Court's previous direction to expedite the trial, there has been no significant progress, and therefore, the applicant should be released on bail. Revenue/State's argument: The State's counsel opposed the bail application but conceded that the applicant has no prior antecedents. The State did not present any specific arguments regarding the delay in trial.
Sections Cited
Section 439
AI-generated summary — verify with the full judgment below
1 HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6255 of 2020 Shahnawaj Samnani S/o Late Mohammas Aziz Aged About 30 Years R/o Aman Apartment, Adarsh Nagar, Durg Tahsil And District Durg Chhattisgarh, District : Durg, Chhattisgarh ---- Applicant Versus State Of Chhattisgarh Through District Magistrate, Durg District Durg Chhattisgarh, District : Durg, Chhattisgarh ---- Non-applicant For Applicant : Shri Ganesh Ram Burman, Advocate. For Non-applicant : Shri D.C. Verma, Government Advocate For Objector : Shri P.R. Patankar, Advocate Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 05.11.2020
Counsel for the applicant does not press I.A. No. 1/2020 application for grant of ad-interim bail.
Hence, I.A. No. 1 is rejected without considering the merits of the case.
The matter heard finally.
This is third bail application under Section 439 of the Cr.P.C. preferred by the applicant before this Court. No other bail application is pending before any other Court.
Earlier, the first bail application of the applicant has been rejected by this Court on 30.09.2019 in MCRC No. 4673 of 2019 considering the prima facie case against him and the second bail application of th
The judgment continues below.
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