State Of Chhattisgarh v. Santosh Paikra

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Cr.M.P. No. 992 of 2020 • State of Chhattisgarh, Through Police Station - Chandora, District Surajpur, Chhattisgarh ---- Appellant/Applicant

Versus

• Santosh Paikra, S/o Ladhu Ram Paikra, Aged about 30 years, Resident of Village Junapara, Matigadha, Police Station - Chandora, District - Surajpur, Chhattisgarh ---- Respondent For Applicant/State :

Smt. Fouzia Mirza, Additional Advocate General Hon'ble Shri Justice Prashant Kumar Mishra, J Hon'ble Shri Justice Gautam Chourdiya, J Order by Justice Prashant Kumar Mishra 25.08.2020

1. Heard on I.A. No. 1 of 2020.

2. This is an application for condonation of delay in filing the Cr.M.P.

3. On due consideration, delay of 236 days in filing the present Cr.M.P. is condoned. Accordingly, I.A. No. 1 of 2020 is allowed.

4. The trial Court has acquitted the accused/respondent of the charges under Sections 294 and 307 of IPC vide judgment dated 30.08.2019 passed by the learned Additional Sessions Judge, Pratappur, District Surajpur (C.G.) in Sessions Trial No. 06 of 2019.

5. We have heard learned Additional Advocate General for the State and perused the material available on record.

6. Having seen the evidence of injured Rampal (PW-9) and eyewitness namely Shyampal (PW-6), we are inclined to grant leave to appeal. Accordingly, Cr.M.P. is allowed.

7. Let regular acquittal appeal be registered and the same be placed for consideration on 1st of September, 2020.

Sd/- Sd/- (Prashant Kumar Mishra) (Gautam Chourdiya) Judge Judge vatti