Hemant Bothra v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No.100 of 2018 • Hemant Bothra S/o Rishabh Chand Bothra Aged About 46 Years R/o Nayapara Rajim, P.S. Rajim District Raipur Chhattisgarh, Civil And Revenue District Raipur Chhattisgarh, District : Raipur, Chhattisgarh ---- Petitioner

Versus

• State Of Chhattisgarh Through The Station House Officer, Police Station Magarlod, District Dhamtari Chhattisgarh, District : Dhamtari, Chhattisgarh --- Respondent For Petitioner :

Shri Himanshu Sharma, Advocate For Respondent/State :

Shri Dhiraj Wankhede, GA Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 04/05/2018 Learned counsel for the applicant submits that the applicant is apprehending his arrest in view of the warrant issued by the Magistrate in a pending complaint case. 2.

On the last date of hearing, when it was informed to this Court that a petition under Section 482 of Cr.P.C. was filed and the proceedings in the criminal case have been stayed, learned counsel for the applicant was directed to place on record the order passed in petition under Section 482 Cr.P.C. filed by the applicant. 3.

Order dated 28-02-2018 passed by this Court in Cr.M.P.No.411 of 2018 placed before this Court, which shows that the proceedings in the criminal case have been stayed. Once, proceedings in criminal case have been stayed, effect would be that even warrant issued in these proceedings which have not been executed, now cannot be executed. Therefore, apprehension of arrest of the applicant is not well founded. 4.

Accordingly, this bail application is finally disposed off. However, the applicant would be at liberty to revive depending upon the final order that may be passed in Cr.M.P.No.411 of 2018.

SD/- ( Manindra Mohan Shrivastava) J U D G E Tumane