D. K. Kalihari v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRA No. 705 of 2020 D. K. Kalihari S/o Late M.L. Kalihari Aged About 62 Years Resident Of Near Gyani Chowk, Jhuniyapara, Kanker, DistrictNorth Bastar Kanker, Chhattisgarh ---- Appellant

Versus

1. State Of Chhattisgarh Through The Station House Officer, Police Station- Adim Jati Kalyan (A.J.K.) Thana, Kanker, District- North Bastar Kanker, Chhattisgarh

2. Prosecutrix W/o Mithilesh Meshram Resident Of Annapurna Para, Forest Colony, Kanker, District- North Bastar Kanker, Chhattisgarh. (In View Of Judgment Of Hon'ble Supreme Court, The Name Of Prosecutrix Is Not Disclosed Herein) ---- Respondent _______________________________________________________ For Appellant : Mr. Suyash Dhar, Advocate For Respondent/State : Mr. H.S. Ahluwalia, Dy. A.G. For Objector : Mr. Sandeep Yadav, Advocate Hon'ble Shri Justice Arvind Singh Chandel Order on Board 28.10.2020

1. The matter is heard through Video Conferencing.

2. Learned counsel appearing on behalf of the Appellant submits that he wants to withdraw the instant appeal. However, he prays that in the event of filing of bail application u/s 439 of Cr.P.C. on behalf of the Appellant, the Trial Court may be directed to decide the said application in accordance with law, as early as possible, preferably, on the same date of its filing.

3. In view of the above submission, the instant appeal is dismissed as withdrawn.

4. However, the Trial Court is directed that in the event of surrender of the Appellant before the Trial Court and filing of bail application on his behalf, the Trial Court shall decide the said application in accordance with law, as early as possible, preferably, on the same date of its filing.

Sd/- (Arvind Singh Chandel) Judge Saurabh