Mahfuj Aalam @ Chand v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Criminal Appeal No. 724 of 2020 • Mahfuj Aalam @ Chand, son of Mohd. Aslam Khan, aged about 24 years, resident of M.P. Nagar, Atal Awas Korba, Tahsil and District Korba (C.G.) (In jail) ---- appellant

Versus

• State Of Chhattisgarh Through : The Station House Officer, P.S. Ajak Korba, District Korba (C.G.) ---- Respondent For Appellant : Shri Dashrath Kushwaha, Advocate.

For Respondent/State : Shri Vimlesh Bajpai, Govt. Advocate.

Hon'ble Shri Justice Gautam Chourdiya Order on Board 15.01.2021 1.

The appellant has preferred this appeal under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the impugned order dated 11.06.2020 passed in Crime No. 126/2020 by learned Special Judge (Atrocities Act), Korba District - Korba rejecting his application under Section 439 of the Cr.P.C. The appellant is languishing in jail since 04.03.2020 in connection with offences under Sections 363 & 366 of the Indian Penal Code and Section 3 (2) (v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 registered at Police Station -Ajak Korba, Distt. Korba

2. Mother of the prosecutrix- Savita and the prosecutrix herself are present before this Court and they are identified by the State Counsel. They have objected for grant of bail to the appellant.

3. In view of above, learned counsel appearing for the appellant seeks permission of this Court to withdraw this appeal with liberty to file afresh at the appropriate stage.

4. Accordingly, the appeal stands dismissed as withdrawn with the liberty as aforesaid.

Sd/- (Gautam Chourdiya) Judge D/-