Mahant Deepak Giri v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MISC. CRIMINAL CASE NO. 7607 OF 2017 Mahant Deepak Giri S/o Shri Guru Shanti Giri, aged about 50 years R/o Anusaiya (Anusuiya) Ashram Multai, PS Multai, District Baitul (MP). ... Applicant

Versus

State of Chhattisgarh, through Station House Officer, Police Station Panduka, District Gariyaband (CG).

... Respondent For Applicant :

Shri CR Sahu, Advocate.

For Respondent-State :

Shri Gary Mukhopadhyay, Dy. G.A.

Hon'ble Shri Justice P. Sam Koshy Order on Board 04/12/2017 1.

This is repeat bail application seeking for grant of bail to the Applicant who is in jail since 31.05.2017 in connection with Crime No. 48 of 2017 registered at Police Station Panduka, Distt. Gariyaband for the offence punishable under Section 20-B of the NDPS Act. The earlier bail application was dismissed as withdrawn on 20.11.2017.

2.

Learned Counsel for the applicant submits that all the material witnesses have been examined and they have turned hostile and not supported the case of the prosecution. However, a perusal of documents attached to the bail application shows that the witnesses who have turned hostile, all were examined much before the earlier bail application was disposed off. There is no record to show the subsequent development after the first bail application being rejected by this court. In all probability, the trial must have reached

-2at the fag end i.e. prosecution by now must have examined all the witnesses.

3.

Given the said facts and circumstances of the case, this court is of the opinion that present is not a fit case to grant bail at this juncture. Accordingly, the repeat bail application stands rejected. However, it is expected that the court below shall proceed and conclude the trial at the earliest.

Sd/- (P. Sam Koshy) Judge inder