APPLICANT: HIGH COURT OF CHHATTISGARH AT BILASPUR Cr.M.P. No.924 of 2010 Jiw Raj Khaitan, S/o Late Maliram Khaitan, aged about 60 years, Chief General Manager, Shiv Shakti Steel Private Limited, Hamirpur Road Village and Post Chakardhar Nagar, Raigarh (CG) NON-APPLICANTS: -Versus- 1. Harish Kumar Mehra, S/o Sitaram Mehra, aged about 58 years, Occupation Business R/o Block B-262, Lack Town Calcutta (W.B.) 2. State of Chhattisgarh, Through Police Station Chakardhar Nagar, Raigarh (CG) Present Shri Subhash Yadav, counsel for the applicant. Ms. Madhu Nisha Singh, Panel Lawyer for the State. Sinele Bench: Hon'ble Shri Dhirendra Mishra, J. »- <^ ORAL ORDER (10-12-2010) 1. By this application under Section 439 (2) of the Cr.P.C., the applicant/ complainant has prayed for canceling the bail granted to non-applicant No.l H^rish Kumar Mehra. This application has been filed on the ground that in the aforesaid order submission of leamed counsel for the complainant has been recorded that the applicant and accused No. 1 have refunded substantial part of amount deposited by the complainant through the present applicant, though not a single penny has been .. refunded to the applicant/complainant herein, as would be evident from statement of account of coniplainant (Annexure-A/2). 2. Heard learned counsel for the applicant and perused the bail order in favour ofnon-applicant No. 1. 3. The application for grant of bail has been allowed with the following observations:- "Having heard learned counsel for the parties, having gone through the various documents filed by the complainant as well as the applicant, considering that the parties to the crime i.e. the complainant and both ^0 the accused persons had business relationship with each other and that the payraent was made by the complainant to accused No. 1 through intemet banking and also that the applicant is in custody since 2.8.2010; the offence is triable by the Magistrate First Class and punishable with the fixed term of jail sentence, the application is allowed." 4. Thus, considering the reasons assigned in the bail order, I am of the opinion that no case is made out for canceling the bail granted to non- applicant No. 1. The application is accordingly rejected. —Sra