State Of Chhattisgarh v. Heeralal And ORS.

HIGH COURT OF CHHATTISGARH, BILASPUR Order Sheet CrMP No.428 of 2016 State of Chhattisgarh Versus Heeralal and ors. DB Hon'ble Shri Justice Prashant Kumar Mishra Hon'ble Shri Justice Chandra Bhushan Bajpai 28/07/2016 Shri Arvind Dubey, P.L. for the State/applicant. Heard learned counsel for the State on I.A.No.1/2016 for condonation of delay in filing the Cr.MP.

Having heard learned State Counsel on I.A.No.1/2016 for condonation of delay of 95 days in preferring the CrMP, we are satisfied that the delay has been properly explained.

Consequently, I.A.No.1/2016 is allowed and the delay in filing the CrMP is condoned.

Heard learned State counsel on the question of grant of leave to appeal.

The accused persons have been acquitted of the charge under Section 304B/34 or in the alternative under Section 302/34 of the I.P.C.

Considering the statement of P.W.5 Chandradev and P.W.6 Fufiya Devi, the application seeking leave to

appeal deserves to be allowed.

Accordingly, CrMP is allowed.

Let regular acquittal appeal be registered and notices thereof be issued to the respondents on payment of P.F. as per rules.

If the respondents avoid notice and fail to appear, this Court shall take coercive steps to secure their presence.

Sd/- Sd/- Judge Judge Prashant Kumar Mishra Chandra Bhushan Bajpai Anjani