Vikash Chandra Rai And ORS. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPHC No. 7 of 2015 • Vikash Chandra Rai Through The Superintendent, Central Jail, Bilaspur, Chhattisgarh • Mahesh Bagarti Through The Superintendent, Central Jail, Bilaspur, Chhattisgarh • Munna Sahu Through The Superintendent, Central Jail, Bilaspur, Chhattisgarh • Amit Kumar Dash Through The Superintendent, Central Jail, Bilaspur, Chhattisgarh ---- Petitioner

Versus

• State Of Chhattisgarh S/o Through Secretary, Home Department, New Mantarlaya, Naya Raipur, Chhattisgarh ---- Respondent For Petitioners : None For Respondent/State : Shri Arun Sao, Dy.A.G. Hon'ble Shri Justice Pritinker Diwaker Hon'ble Shri Justice Inder Singh Uboweja Order On Board by Justice Pritinker Diwaker 26/08/2015 Four accused persons in S.T.No.67/14 pending before II Additional Sessions Judge, Raigarh have written a letter dated 30.3.2015 from Central Jail, Bilaspur informing this Court that they are in custody in connection with the said trial but there is inordinate delay in completion of the trial because on most of the dates, these persons have not been produced before the Court. This letter has been registered in the form of present petition.

2. Learned counsel for the State has filed reply stating therein that as

the conduct of these accused persons was not good at Raigarh, under the compelling circumstances they were shifted to Central Jail, Bilaspur. State counsel has further informed that in another case the accused persons have already been convicted and sentenced for 10 years and therefore also they can be shifted to Central Jail, Bilaspur.

3. Yesterday when the matter was taken up, on the oral direction of this Court a report was called from the concerned Additional Sessions Judge. In her letter dated 25.8.2015 the learned Sessions Judge has informed that the prosecution evidence in S.T.No.67/14 is already completed and the case is fixed for 1.9.2015 for recording statements of the accused. Learned Sessions Judge has further informed that in every likelihood the trial would be concluded in the month of September, 2015. Copy of letter dated 25.8.2015 is taken on record.

4. In view of this development, nothing survives in the present petition to be adjudicated, the same is accordingly disposed of.

5. It is expected from the concerned Additional Sessions Judge to dispose of the trial as mentioned in her letter.

6. Due intimation be also sent to the accused persons through Superintendent of Central Jail, Bilaspur about disposal of the present petition.

Sd/ Sd/ (Pritinker Diwaker) (Inder Singh Uboweja) Judge Judge Khan