Shahnawaj Samnani vs. State Of Chhattisgarh
Held
The Court rejected the second bail application. While acknowledging that the applicant's detention period and the delay in trial are material factors, the Court emphasized that the seriousness of the offence and the impact of granting bail on society are more significant considerations. The Court found that the present case was not a fit one for the applicant to be enlarged on bail in a second round of litigation. The Court directed the applicant to pursue the trial court for compelling the attendance of prosecution witnesses and further directed the trial court to expedite the trial and dispose of the case as soon as possible. The Court did not expressly leave any issue undecided.
Facts
The applicant, Shahnawaj Samnani, is seeking a second bail application before the High Court of Chhattisgarh. He was appointed as the manager of a Reliance Petrol Pump, V.M. Fuels, Ganjpara Durg, and was responsible for depositing amounts related to GST, EPF, and ESIC. The prosecution alleges that in June 2018, the applicant failed to deposit ₹4 lakh to Reliance company for petrol supplied and did not deposit ₹2,90,724/- towards GST, EPF, and ESIC. He is also accused of submitting forged challans and T.R.R.N. for this amount. The applicant has been in jail since April 22, 2019, and argues that the trial has not commenced despite the charge sheet being filed and six months having passed. The State acknowledges no prior antecedents for the applicant but opposes the bail application.
Key Issues
1. Whether the applicant should be released on bail, considering his prolonged detention (since April 22, 2019) and the delay in the commencement of the trial, despite the charge sheet being filed? Contentions: Petitioner/Applicant: Argues for release on bail due to being in jail for an extended period and the trial not having commenced for over six months after the charge sheet filing. Non-applicant/State: Opposes the bail application, but concedes that the applicant has no prior antecedents. The State implicitly relies on the seriousness of the alleged offences and their impact on society as grounds for opposing bail.
Sections Cited
Section 439
AI-generated summary — verify with the full judgment below
1 HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1559 of 2020 Shahnawaj Samnani S/o - Late Mohammad 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 Navin Shukla, Advocate. For Non-applicant : Shri R. Verma, Government Advocate For Objector (Asha Maloo): Shri P.R. Patankar, Advocate Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 17.03.2020
This is second 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.
Perused the case diary provided by the learned counsel for the State in connection with crime No. 1107/2018 registered at Police Station – Durg Kotwali, District – Durg (C.G.) for the offence punishable under Sections 408,
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