Mohd. Ashraf Hussain And ANR. v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4219 of 2019 • Gendlal Sinha @ Pawan @ Pappu S/o Shri Channulal Sinha Aged About 28 Years R/o Dutrenga, Police Station Mujgahan, Raipur, District Raipur Chhattisgarh ---- Applicant
Versus
• State Of Chhattisgarh Through Station House Officer, Police Station City Kotwali, Raipur, District Raipur Chhattisgarh ---- Non Applicant MCRC No. 4461 of 2019
1. Mohd. Ashraf Hussain S/o Shri Mohd. Anwar Hussin Aged About 23 Years R/o Behind Nutan School, P.S. Tikrapara, Raipur, DistrictRaipur, Chhattisgarh
2. Mohd. Mustakeem S/o Shri Mohd. Sharif @ Saleem Aged About 26 Years R/o Near Marwadi Samshanghat, Veerbadhra Nagar, Raipur, District- Raipur, Chhattisgarh ---- Applicants
Versus
• State Of Chhattisgarh Through P.S. City Kotwali, District- Raipur, Chhattisgarh ---- Non Applicant MCRC No. 4475 of 2019 • Monika Sachdev W/o Mohd. Ziaul-Haque Aged About 30 Years R/o Rawatpura Colony, Bhatagaon, P.S. Tikrapara, Raipur, District- Raipur, Chhattisgarh ---- Applicant
Versus
• State Of Chhattisgarh Through P.S. City Kotwali, District- Raipur, Chhattisgarh ---- Non Applicant For the Applicants :
Mr. Vaibhav A. Goverdhan, Mr. Imitiaz Ali, Advocates For Non Applicant :
Ms. M. Asha, Panel Lawyer
Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 19.07.2019
1. Since all the petitions arise from same crime No., of same police station, they are being disposed off by this common order.
2. Counsel for the applicants submitted that they wants to withdraw the bail petitions. They further submitted that applicants Mohd. Ashraf Hussain, Mohd. Mustakeem, Gendlal Sinha @ Pawan @ Pappu are in jail since a long time period. Thus, time may be framed for completion of the trial. They further submitted that the Court where the criminal case is pending is at present vacant, thus, direction may be given to the concerned District and Sessions Judge to transfer the Criminal Case No.8396/2018 to some other Competent Court.
3. As prayed, the instant bail petitions are dismissed as withdrawn.
4. The concerned District and Sessions Judge is directed that if the Court where the Criminal Case No.8396/2018 is pending is vacant then the Criminal Case No.8396/2018 be transferred to another Competent Court within 10 days from today. It is further directed that the Competent Court, where the case will be transferred, will expedite the trial and dispose of the same as early as possible preferably within a period of 45 days thereafter.
5. At this stage counsel for the applicants further submitted that they may be given liberty to file bail petitions afresh if trial is not concluded within stipulated period given above.
6. As prayed the above liberty is granted.
Sd/- Sd/- (Sharad Kumar Gupta) Judge pm