The State Of Chhattisgarh v. Sheetal Singh Gond

HIGH COURT OF CHHATTISGARH, BILASPUR ORDER SHEET Cr.M.P.

No.750 of 2015 The State of Chhattisgarh Verses Sheetal Singh Gond & Ors. Registry 26.8.15 Smt. Shobha Kashyap, Dy. GA for the State/applicant/ appellant.

The matter is listed for orders on default.

On due consideration, the default pointed out by the Registry is overruled.

Heard on instant Cr.M.P. followed by acquittal appeal, preferred after 43 days of its limitation.

To condone the delay, the applicant/appellant has filed IA No.01.

On due consideration of the reasons mentioned in the application, the same is allowed and the delay in filing the instant Cr.M.P. followed by acquittal appeal is hereby condoned. Also heard on the application for grant of leave to appeal. The applicant/appellant has challenged the judgment dated 30.03.2015 passed by First Additional Sessions Judge, Surajpur in Sessions Case No.41/2013, whereby and whereunder, the learned trial Court acquitted respondent No.3 Smt. Budhiyaro Bai and convicted respondents No.1 Sheetal Singh and respondent No.2 Amar Singh as per para 26 of the judgment.

For the purpose of hearing on leave to appeal, I have perused the impugned judgment, evidence and the documents annexed. In the considered view of this Court, this is a fit case where leave to appeal be granted.

Consequently, the Cr.M.P. is allowed. The Registry is directed to list this matter under the head of acquittal appeal. Records of the Court below be requisitioned through usual

and fax mode.

Also heard on admission.

The acquittal appeal is admitted for consideration. The appellant is directed to pay PF within seven days from now for issuance of notice to the respondents through ordinary and registered mode, returnable within four weeks for the purpose of their representation in the matter.

List this matter immediately after service to the respondents are complete.

The Cr.M.P. is allowed.

Sd/- (Chandra Bhushan Bajpai) Judge Bini