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High Court Of ChhattisgarhMCRC/595/2017dismissed

Netram v. State Of Chhattisgarh

2017-01-24Hon'Ble Shri Justice Goutam Bhaduri2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 595 of 2017

1. Netram, S/o. Puniram Sahu, Aged About 50 Years.

2. Bahartin Bai, W/o. Netram Sahu, Aged About 48 Years.

3. Phir Bai, W/o. Netram Sahu, Aged About 40 Years.

4. Tikaram, S/o. Netram Sahu, Aged About 28 Years

5. Laxmin, W/o. Tikaram Sahu, Aged About 25 Years.

6. Devprasad, S/o. Ramratan Sahu, Aged About 19 Years. All are R/o. Village Nawapara (Pandripani), Police Station Bilaigarh, District Balodabazar Bhatapara, Chhattisgarh ---- Applicants

Versus

State Of Chhattisgarh, Through State House Officer, Police Of Police Station Bilaigarh, District Baloda Bazar Bhatapara, Chhattisgarh ---- Respondent --------------------------------------------------------------------------------------------------- For Applicants :

Mr. A.S.Rajput, Advocate.

For Respondent :

Mr. Neeraj Jain, Govt. Advocate.

--------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 24.01.2017 1.

This is the second bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicants who have been arrested in connection with Crime No.367/2016 registered at Police Station- Bilaigarh, District Baloda Bazar-Bhatapara (C.G.) for the offence punishable under Sections 147, 148, 149, 294, 506B, 307 of Indian Penal Code. 2.

Learned counsel for the applicants submits that this is the second bail application, the first bail application was dismissed as withdrawn on 19.12.2016 with liberty to repeat the prayer before the concerned trial Court after filing of the charge sheet. He

submits that this is a typographical mistake and therefore the second bail application be considered.

3.

Perused the order dated 19.12.2016 passed in MCRC No.8032 of 2016. The order is categorically clear that after filing of the charge sheet, the applicant may repeat his bail application before the concerned Trial Court. Since the liberty has already been reserved to repeat the bail application before the Trial Court, I am not inclined to entertain the instant second bail application. 4.

Accordingly, the second bail application is dismissed at the admission stage itself.

Ashok Sd/- (Goutam Bhaduri) Judge