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High Court Of ChhattisgarhCRMP/555/2016allowed

State Of Chhattisgarh v. Sangeet Lal

2016-06-23Hon'Ble Shri Justice Prashant Kumar Mishra,Hon'Ble Shri Justice Chandra Bhushan Bajpai2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Cr.M.P. No. 555 of 2016 State Of Chhattisgarh Through The Station House Officer, Police Station Chhuikhadan, District Rajnandgaon, Chhattisgarh. ---- Petitioner

Versus

1. Sangeet Lal S/o Rukumlal Satnami Aged About 26 Years R/o Village Khairi, Police Station Chhuikhadan, Tahsil & District Rajnandgaon, Chhattisgarh.

2. Rukumlal S/o Chetkuram Satnami Aged About 50 Years R/o Village Khairi, Police Station Chhuikhadan, Tahsil & District Rajnandgaon, Chhattisgarh.

3. Smt. Kumari Bai W/o Rukumlal Satnami Aged About 40 Years R/o Village Khairi, Police Station Chhuikhadan, Tahsil & District Rajnandgaon, Chhattisgarh.

---- Respondents For the Petitioner/State :

Shri Ramakant Mishra, Deputy Advocate General.

Hon'ble Shri Justice Prashant Kumar Mishra Hon'ble Shri Justice Chandra Bhushan Bajpai Order on Board by Prashant Kumar Mishra, J.

23/06/2016 1.

This application seeking leave to appeal against the judgment of acquittal rendered by Additional Sessions Judge, Khairagarh is barred by eight days.

2.

On due consideration and having satisfied with the reasons assigned for condonation of delay, the delay of eight days in filing the application is hereby condoned.

3.

Heard Learned State counsel on the issue of grant of leave to appeal. 4.

Having perused the evidence available on record, particularly the statement of mother of the deceased Dhiraj Bai (PW-1), Poornima Bai (PW-2) and Mangalin Bai (PW-3), this Court is of the considered opinion that

leave to appeal deserves to be granted to the State for preferring acquittal appeal against the impugned judgment.

5.

Accordingly, Cr.M.P. No. 555 of 2016 is allowed. Let regular acquittal appeal be registered and notice be issued to the Respondents on payment of process fee as per rules. If the Respondents failed to appear before this Court or avoid service of notice, this Court shall take coercive steps to secure their appearance in accordance with Section 390 of the Code of Criminal Procedure.

Sd/- Sd/- Judge Judge (Prashant Kumar Mishra) (Chandra Bhushan Bajpai) Nimmi