Smt. Surja Banjare v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC (A) No. 1155 of 2021

1. Smt. Surja Banjare W/o Kumar, Aged About 62 Years.

2. Smt. Shivkumari Patle W/o Dilip Patle, Aged About 35 Years.

3. Sangita D/o Kumar, Aged About 18 Years.

4. Satkumari Banjare D/o Kumar Banjare, Aged About 26 Years.

5. Panna Lal Ghritlahre S/o Punaram Ghritlahre, Aged About 40 Years, R/o -Jarhabhata, Ward No. 07, Mini Basti, Jarhabhata, Police Station - Civil Lines, Bilaspur, District - Bilaspur, (Chhattisgarh). ---- Applicant

Versus

State of Chhattisgarh Through - Police Station - Civil Lines, Bilaspur, District Bilaspur, (Chhattisgarh).

--- Respondent For Applicants : Mr. Vaibhav A. Goverdhan, Advocate.

For State : Mr. B.P. Banjare, Dy GA.

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

1. First bail application of applicants was dismissed on merits.

2. Learned counsel for the applicants submits that second bail application is filed on the ground of mercy as in the fight took place between the parties, applicant Nos.1 & 4 had also suffered injuries. However, he submits that in impugned order submissions of learned counsel for the applicants therein that there was counter case between the parties has already been considered.

3. Learned State Counsel submits that as first bail application of applicants has been considered and decided on merits, this second bail application is not maintainable.

4. Heard learned counsel for the parties.

5. Considering that first bail of applicants has been dismissed on merits after considering submissions made by learned counsel for the applicants therein that there was counter case between the parties, I am not inclined

to entertain this second bail application. Accordingly, it is rejected. However, applicants may approach the learned Court below by filing application for grant of regular bail after their surrender. and if such an application is filed by them, learned Court below may consider and decide the same expeditiously, in accordance with law. Sd/- (Parth Prateem Sahu) Judge Jamal/-