Lal Mohammad v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MC.R.C. No. 3063 of 2015 Lal Mohammad S/o Jan Mohammad Aged About 50 years R/o Village- Kumda Colony, Q.No.232, P.S.- Bishrampur, Civil & Revenue District Surajpur, Chhattisgarh ---- Applicant

Versus

State of Chhattisgarh Through: The Police Station- Bishrampur, District Surajpur, Chhattisgarh ---- Respondent For Applicant :- Shri A. N. Pandey, Advocate For Respondent :- Shri Ravindra Agrawal, PL Hon'ble Shri Justice P. Sam Koshy Order On Board By 10/07/2015 1.

This is the second bail application under Section 439 Cr.P.C for grant of bail to the applicant who has been arrested on 2.5.2014 in connection with Crime No. 89/2014 registered at Police Station - Bishrampur, District- Surajpur, for the offence punishable under Sections 460, 302 of IPC as well as under sections 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act. The first bail application of the applicant was rejected on merit vide order dated 8.9.14 in M.Cr.C. No. 4415/2014. 2.

While rejecting the first bail application of the applicant this Court had taken note of the case-diary statement of witness Abhishek Tirkey and the other witnesses also who were the immediate neighbours of the deceased and the said Abhishek Tirkey has now been examined before the Court below, supporting the case of prosecution and others are still to be examined thus, this Court is of the view that it is not a fit case where the applicant can be released on bail.

3.

Accordingly, the Application filed under section 439 of Cr.P.C. is rejected.

4.

However, the Court below is directed to decide the trial as expeditiously as possible.

Sd/- (P. Sam Koshy) JUDGE Santosh