High Court Of ChhattisgarhCRA/999/2021dismissed

Shakeel Ahmad v. State Of Chhattisgarh

2021-09-15Hon'Ble Shri Justice Parth Prateem Sahu2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRA No. 999 of 2021 Shakeel Ahmad S/o Shri Jalil Ahmad, Aged About 34 Years, R/o House No. 100, Surabhi Colony, Avarabhata, Dentewada, Tahsil Dantewada, District North Bastar Dantewada, Chhattisgarh. ---- Appellant

Versus

State of Chhattisgarh Through Station House Officer, Police Station Geedam, District North Bastar Dantewada Chhattisgarh. --- Respondent For Applicants : Mr. Akhtar Hussain, Advocate.

For State : Mr. Vimlesh Bajpai, GA.

Hon'ble Shri Justice Parth Prateem Sahu Order on Board 15/09/2021 Heard.

1. This criminal appeal filed under Section 14-A of Scheduled Caste & Scheduled Tribes (Prevention of Atrocities) Act, 1989, (for short, 'Act of 1989'), has been filed by appellant who is apprehending his arrest in connection with Crime No.20/2017 registered at Police Station -Geedam, District North Bastar Dantewada, (CG), for the offence punishable under Sections 294, 354, 354-A, & 506 of Indian Penal Code & Section 3(1)

(12) of the Act of 1989.

2. Perusal of documents filed in appeal would show that appellant in the same crime number earlier filed MCRC(A)/354/2018 which came to be dismissed on merits on 06.7.18 by the Co-ordinate Bench of this Court. Thereafter, appellant has filed Criminal Appeal No.202/2021 under Section 14-A of the Act of 1989, which was also dismissed on merits on 09.04.2021 ie placed on record as (Annexure A-1).

3. Learned counsel for the appellant submits that it is second appeal for grant of anticipatory bail.

4. Learned State Counsel submits that as first and second application of appellant has been considered and decided on merits, this appeal is not maintainable.

5. Perusal of Annexure A-1 (CRA/202/2021) shows that when appeal came up for hearing before this Court neither counsel for the appellant nor learned State Counsel brought to the knowledge of the Court that anticipatory bail of appellant was dismissed on merits by the Co-ordinate Bench of this Court on 06.07.2018 in the same crime number.

6. Considering that application for grant of anticipatory bail of appellant was dismissed twice on merits ie 06.07.18 & 09.4.2021, I am not inclined to entertain this appeal. Accordingly, it is rejected. Sd/- (Parth Prateem Sahu) Judge Jamal/-