State Of Chhattisgarh v. Kawasi Joga @ Pada

HIGH COURT OF CHHATTISGARH, BILASPUR Order Sheet Cr. M.P. No. 429 of 2016 State of Chhattisgarh Versus Kawasi Joga @ Pada & Ors. 28.07.2016 Shri Ashish Shukla, Government Advocate for the Petitioner/Appellant.

The instant Cr.M.P. is barred by 75 days of its limitation.

By moving I.A.No.1/2016, (application for condonation of delay), learned counsel for the petitioner/appellant prays for condoning the delay.

On due consideration, we are satisfied that the petitioner/appellant has satisfactorily explained the delay of 75 days in filing the instant Cr. M.P.

Consequently, the same is allowed. Delay of 75 days in filing the Cr.M.P. is condoned.

Heard on Cr.M.P. for grant of leave to appeal. The non-applicants were tried for opening fire on a Police party when the said party had gone in search of persons against whom permanent warrants were operative. The trial Judge has acquitted the accused persons from the charges under Section 307 read with Section 149 IPC and Sections 25 and 27 of the Arms Act, 1959.

Having perused the judgment and upon hearing learned counsel for the petitioner, we are satisfied that leave to appeal deserves to be granted.

Accordingly, the instant Cr.M.P. is allowed.

Registry is directed to list the matter under the head 'Acquittal Appeal'. A notice thereof be issued to the respondents on payment of PF as per rules.

It is made clear that if the respondents avoid service of notice and fail to appear before this Court, coercive steps shall be taken to secure their presence.

Sd/ Sd/ JUDGE JUDGE (Prashant Kumar Mishra) (Chandra Bhushan Bajpai) sunita

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