The State Of Chhattisgarh v. Bhola Yadav And ANR.

HIGH COURT OF CHHATTISGARH, BILASPUR Order Sheet Cr.M.P. No.557 of 2015 The State of Chhattisgarh Verses Bhola Yadav & Anr. Registry 19.8.15 Shri CS Patel, Govt. Advocate for the State/applicant/appellant. The instant Cr.M.P. for leave to appeal filed along with acquittal appeal against judgment dated 26.03.15 passed by Sessions Judge, Rajnandgaon in Sessions Case No.86/13, whereby and whereunder both the respondents were acquitted of the charges framed under Section 306 of the Indian Penal Code.

The instant Cr.M.P. has been preferred within its limitation. For the purpose of leave to appeal, judgment passed by the trial Court and other material i.e. evidence deposed by the witnesses before the trial Court and charge sheet are perused.

On perusal, in the considered view of this Court, this is a fit case where leave to appeal be granted. Consequently, the Cr.M.P. is allowed. The Registry is directed to list this matter under the head of acquittal appeal.

Record of the Court below be requisitioned through usual and fax mode.

The appellant is directed to pay PF within seven days from today for issuance of notice to the respondents for their representation in the matter, through ordinary and registered mode, returnable within four weeks.

List this matter for further hearing immediately after service of notice to the respondents are complete and receipt of record. Sd/- (Chandra Bhushan Bajpai) Judge Bini