Pardeshi Ram Verma And ANR. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4026 of 2020 1.

Pardeshi Ram Verma S/o Heera Lal Verma Aged About 85 Years R/o Aurda, Police Station- Ghumka, District- Rajnandgaon, Chhattisgarh 2.

Ku. Maheshwari Verma D/o Gangaram Verma Aged About 20 Years R/o Aurda, Police Station- Ghumka, District- Rajnandgaon, Chhattisgarh ---- Applicants

Versus

State Of Chhattisgarh Through- Station House Officer, Police Station- Ghumka, District- Rajnandgaon, Chhattisgarh ---- Respondent For Applicant :

Mr. Pushpendra Patel, Advocate For Respondent :

Mr. Ghanshyam Patel, Govt. Advocate Hon'ble Shri Justice Arvind Singh Chandel Order on Board 20/08/2020 1.

The matter is heard through video conferencing. 2.

The applicant has preferred this third bail application under Section 439 of the Cr.P.C for grant of regular bail as he is arrested in connection with Crime No. 132/2018 registered at Police Station Ghumka, District Rajnandgaon (C.G.) for the offence punishable under Section 302, 201 and 34 of the IPC.

3.

First bail application of the applicants was withdrawn with liberty to file afresh after examination of the eye-witnesses vide order dated 07/03/2019 passed in MCRC No. 252/2019. Second bail application of

the applicant was dismissed on merit vide order dated 27/06/2019 passed in MCRC No. 3175/2019. Hence, this third bail application. 4.

Counsel for the applicant submits that the statements of the witnesses have already recorded and the matter is pending before the trial Court since February, 2020 for recording the statement of the accused under Section 313 of the Cr.P.C. He further submits that considering the age of applicant No. 1 & 2, they may be granted bail. 5.

Counsel appearing on behalf of the State also opposes the bail application.

6.

I have heard learned counsel for both the parties. 7.

Considering the entire facts and circumstances of the case, particularly considering that the trial has almost concluded and only the statement of the accused is to be recorded under Section 313 of the Cr.P.C, therefore, looking to the above, I am not inclined to release the applicant on bail.

8.

Accordingly, the bail application is dismissed. 9.

However, the trial Court is directed to decide the matter within two months from today. A liberty is granted in favour of the applicants that if the matter is not decided within two months, then he may prefer appropriate application.

Sd/- (Arvind Singh Chandel) Judge rahul