Smt. Surujkunwar & ANR. v. State Of Chhattisgarh & ANR.

-1NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 106 of 2018

1. Smt. Surujkunwar W/o Surajlal Patel, aged about 51 years, R/o village Parsada Chhote, P.S. & Tehsil Sarangarh, District Raigarh (C.G.).

2. Suraj Lal S/o Late Kalapram Patel, aged about 53 years, R/o village Parsada Chhote, P.S. & Tahsil Sarangarh, District Raigarh (C.G.). ---- Applicants

Versus

1. State Of Chhattisgarh Through District Magistrate, Raigarh, District Raigarh (C.G.).

2. Tejram Patel S/o Dukhuram Patel, aged about 52 years, R/o village Paraskol, P.S.Sarangarh, Tahsil Sarangarh, District Raigarh (C.G.). ---- Respondents For Applicants :

Shri Awadh Tripathi, Advocate.

For Respondent/State :

Ms.Sunita Jain, Panel Lawyer.

Hon'ble Shri Justice P. Sam Koshy Order on Board 06/04/2018

1. The present is an application filed under Section 438 of Cr.P.C. seeking for anticipatory bail to the applicants apprehending there arrest in connection with Criminal Case No. 373/2006 registered at Police Station Sarangarh, District Raigarh (C.G.) for the offence punishable under Sections 294, 506, 332/34 of IPC.

2. The contention of the counsel for the applicants is that, both the applicants have already been granted regular bail by the trial Court itself on 26/04/2010. However on account of default in appearing before the trial Court on the date fixed i.e. on 19/12/2016, the permanent arrest warrant have been issued against both the applicants on 04/01/2018. He further submits that the default in appearance was due to ignorance and also because of not properly taking down the date of appearance and that giving a chance, the applicants would surrender themselves before the trial Court and their case may be considered on the same day.

3. Not opposed by the State counsel.

-24. Accordingly, let both the applicants appear before the trial Court within 10 days from today and surrender themselves. The Court below shall consider their bail application and consider recalling of the order of warrant which has been issued if possible on the same day.

5. The anticipatory bail application thus stands allowed and disposed off.

Sd/- (P. Sam Koshy) Judge Sumit