High Court Of ChhattisgarhCRMP/603/2016allowed

State Of Chhattisgarh v. Muchaki Deva

2016-07-08Hon'Ble Shri Justice Prashant Kumar Mishra,Hon'Ble Shri Justice Chandra Bhushan Bajpai2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 603 of 2016 • State Of Chhattisgarh Through The Incharge Police Station Darbha, District - Bastar, Chhattisgarh ---- Petitioner

Versus

1. Muchaki Deva S/o Muchaki Pinde Aged About 38 Years R/o Village Bhardrimahu Patel Para, Police Station Darbha, District - Bastar Chhattisgarh

2. Vijja Podyami S/o Hando Podiyami Aged 35 Years R/o. Village Bhardrimahu Patel Para, Police Station Darbha, District Bastar Chhattisgarh ---- Respondent For Petitioner/State Mr. Vivek Sharma, Government Advocate Hon'ble Shri Justice Prashant Kumar Mishra Hon'ble Shri Justice Chandra Bhushan Bajpai Order On Board 8/7/2016

1. Heard.

2. This application under Section 378(3) of Cr.P.C. seeking leave to appeal is preferred to challenge the judgment of acquittal passed by the trial Court, acquitting the accused persons for commission of offence under Section 8(1)(3)

(5) of the Chhattisgarh Vishesh Jan Suraksha Adhiniyam, 2005 and Sections 4 & 5 of the Explosive Substances Act, 1908.

3. The accused persons were sent for trial as they were found

to have fitted one tifÏn bomb near Village Bhadrimohu Police Station Darbha.

4. Learned counsel for the State would argue that the trial Court has completely misdirected itself while marshalling evidence, which has occasioned in recording of perverse finding for acquitting the accused persons.

5. We have seen the material filed along with the application seeking leave to appeal.

6. Considering the material available on record particularly the statements of Talesphore Minz (PW-4), Nirmalkar (PW5), Balram Kashyap (PW-9) and Durgesh Kumar Sharma (PW-10), we are satisfied that the leave to appeal deserves to be granted.

7. Accordingly, the CRMP is allowed.

8. Let regular acquittal appeal be registered and notice thereof be sent to the accused persons on payment of P.F. as per rules.

9. It is made clear that if the accused persons avoid acceptance of notice, this Court shall take coercive steps to secure their presence in terms of Section 390 of Cr.P.C. Sd/- Sd/- Judge Judge (Prashant Kumar Mishra) (Chandra Bhushan Bajpai) Shyna