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High Court Of ChhattisgarhCRMP/1469/2019allowed

State Of Chhattisgarh v. Khelan Singh Wakre

2019-07-01Hon'Ble Shri Justice Prashant Kumar Mishra,Hon'Ble Shri Justice Gautam Chourdiya2 pages

CRMP No. 1469 of 2019 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 1469 of 2019 • State Of Chhattisgarh, Through the Incharge, Police Station Marwahi, District-Bilaspur (C.G.) ---- Petitioner

Versus

1. Khelan Singh Wakre, S/o. Jholan Singh Gond, aged about 35 years.

2. Mithailal Wakre, S/o. Jholan Singh Gond, aged about 32 years Both are R/o Village Podi (Kanhartola), P.S. Marwahi, District Bilaspur (C.G.) ---- Respondent For State-Petitioner :- Shri K.K. Singh, G.A. Hon'ble Shri Prashant Kumar Mishra Hon'ble Shri Gautam Chourdiya, JJ.

Order On Board By Prashant Kumar Mishra, J.

01/07/2019

1. Having heard learned State counsel, prayer for condonation of delay in filing the application for leave to appeal is

CRMP No. 1469 of 2019 allowed.

2. The CRMP No. 1469 of 2019 is posted in default, however, the required documents have been filed and learned State counsel would argue the application on admission.

3. The trial Judge has disbelieved the statement of (PW-12) Manohar Singh Otti and (PW-14) Murarilal, both eye-witnesses, however, on perusal of the deposition it appears leave to appeal prayed for by the State to challenge the judgment of acquittal appeal deserves to be granted.

4. Accordingly, the CRMP No.1469 of 2019 for leave to appeal is allowed.

5. Let regular acquittal appeal be registered and notice thereof be sent to the respondents as per rules.

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