High Court Of ChhattisgarhMCRC/7874/2020dismissed

Onkar Khatri v. State Of Chhattisgarh

2021-01-07Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

MCRC No. 7397 of 2020 & MCRC No. 7874 of 2020 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7397 of 2020 • Vijay Khatri S/o Lunkaran Khatri Aged About 41 Years R/o Lormi, Police Station Lormi, District Mungeli Chhattisgarh ---- Applicant

Versus

• The State Of Chhattisgarh Through Station House Officer R/o Lormi, Police Station Lormi, District Mungeli, Chhattisgarh ---- Respondent MCRC No. 7874 of 2020 • Onkar Khatri S/o Shobharam Khatri Aged About 58 Years R/o Lormi, Police Station And Tehsil Lormi, (District Bilaspur ) Now District Mungeli Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through District Magistrate, Mungeli (Station House Officer Police Station Lormi) Chhattisgarh ---- Respondent For Applicant in MCRC No.7397/2020:- Mr. Amit Kumar, Adv. For Applicant in MCRC No.7874/2020:- Mr. R.S. Marhas & Ms. Anubhuti Marhas,Adv For Respondent-State :- Mr. Alok Nigam, G.A. Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 07/01/2021

1. Since both the bail applications are arising out of same crime number, they are being heard and decided by this common order.

MCRC No. 7397 of 2020 & MCRC No. 7874 of 2020

2. These are the applications filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicants, who have been arrested in connection with Crime No.124 of 2004, registered at Police Station Lormi, District Mungeli for the offence punishable under Sections 406, 409, 420, 467, 471, 120-B of the IPC and Section 3/7 of Essential Commodities Act, 1955.

3. In view of the order passed by this Court dated 20.07.2009 in MCRCA No.105/2009 allowing anticipatory bail to the applicants, till filing of the charge sheet and for the fact that as on date, charge sheet has not been filed, the present bail applications filed under Section 439 Cr.P.C. are not maintainable.

4. Accordingly, both the bail applications are dismissed as not maintainable, however, liberty is reserved in favour of the applicants to move again at an appropriate stage. SD/- (Prashant Kumar Mishra) Judge Ayushi