High Court Of ChhattisgarhMCRC/511/2016disposed off

Hirendra Kumar And ANR. v. State Of Chhattisgarh

2016-02-10Hon'Ble Shri Justice Sanjay K. Agrawal2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Misc. Criminal Case No.511 of 2016

1. Hirendra Kumar, S/o Ishwar Sahu, aged about 20 years,

2. Dhananjay Sahu, S/o Ishwar Sahu, aged about 19 years, Both are R/o Village Baijalpur, Police Station Bemetara, Civil and Revenue District Bemetara (C.G.) ---- Applicants

Versus

The State of Chhattisgarh, Through the Police Station Bemetara, Civil and Revenue District Bemetara (C.G.) ---- Non-applicant For Applicants:

Mr. P.P. Sahu, Advocate.

For Non-applicant:

Mr. Om P. Sahu, Govt. Advocate.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 10/02/2016

1. The accused/applicants have moved this bail application under Section 439 of the Code of Criminal Procedure, 1973 for releasing them on regular bail during trial in connection with Crime No.237/2015, registered at Police Station Bemetara, Distt. Bemetara, for the offence punishable under Section 302 read with Section 34 of the IPC.

2. Case of the prosecution, in brief, is that the applicants and two other co-accused persons assaulted and murdered deceased Ganga Prasad Sahu, aged about 60 years, on 27-4-2015, and thereby committed the offence.

3. Learned counsel for the applicants submits that the deceased and accused both are relatives and postmortem report is not supporting the case of the prosecution. Charge-sheet has been filed and eleven witnesses have been examined.

4. On the other hand, learned State counsel opposes the application and submits that the prosecution witnesses have supported the case of the prosecution.

5. I have heard learned counsel for the parties and perused the case diary.

6. Be that as it may, since eleven witnesses out of the seventeen charge-sheet listed witnesses have already been examined, I deem it appropriate to dispose of the bail application by directing the trial Court to expedite the trial and conclude the same as expeditiously as possible, preferably within three months from the date of receipt of certified copy of this order.

7. Ordered accordingly.

Sd/- (Sanjay K. Agrawal) Judge Soma