Harpreet Singh Khanduja v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 1590 of 2018 Harpreet Singh Khanduja, S/o. Shri Ranjeet Singh Khanduja, Aged About 28 Years, R/o. Bada Bazar, Amroha, P.S. Amroha, District- Amroha, (U.P.) ---- Petitioner

Versus

State Of Chhattisgarh, Through- The Station House Officer, Police Station Saraswati Nagar, District- Raipur, Chhattisgarh. ---- Respondent --------------------------------------------------------------------------------------------------- For Petitioner :

Mr. Keshav Prasad Gupta, Advocate For Respondent :

Mr. S.K.Mishra, Panel Lawyer --------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 17.08.2018 Heard 1.

This petition has been filed for modification of the bail order dated 06.06.2018 passed in favour of the petitioner by the learned Court below.

2.

It has been contended that the petitioner is husband against whom a case under Section 498-A read with Section 34 & 506-B of I.P.C. has been registered. It is stated that the petitioner is resident of District Amroha, Uttar Pradesh and he attended each and every date of hearing before the Court below and the concerned Police Station causing a great hardship. It is further contended that since the proceeding of the Court below has been stayed by this Court vide order dated 26.06.2018 in CRMP No.1295 of 2017, therefore, this petition has been directly preferred before this Court. 3.

Perusal of the bail order shows that it was passed by the First Additional Sessions Judge, Raipur, wherein the petitioner was extended the benefit of bail. Since the bail order has been passed by the Court below, it is for the trial Court to adjudicate any

modification whether is required or not. It is further clarified that the petitioner has given a liberty to move a suitable application before the Court below and in such case the Court which has granted the bail shall adjudicate the same with a limited purpose without being influenced by the order dated 26.06.2018 passed in CRMP No.1295 of 2017. Therefore, it is observed that the application for modification of the order, if any, is filed, the same may be adjudicated by the Court below in respect of the petitioner. 4.

With such observation, the petition stands disposed of. Sd/- (Goutam Bhaduri) Judge Ashok