Surendra Patre v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5159 of 2019 • Surendra Patre S/o Indra Lal Patre Aged About 33 Years R/o Village, Pipartarai, Tahsil Kota, District Bilaspur Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station Kota, District Bilaspur Chhattisgarh ---- Non Applicant For the Applicant :

Mr. Rajeev Kumar Dubey, Advocate For Non Applicant :

Mr. Ravi Maheshwari, Panel Lawyer Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 08.11.2019

1. This is fourth bail application under Section 439 of the Cr.P.C. preferred by the applicant before this Court. No other bail application is pending before any other Court.

2. Earlier, the first bail application of the applicant was rejected by this Court vide order dated 30.01.2019 passed in MCRC No.106 of 2019 considering prima facie case against him, his second bail application was also rejected by this Court vide order dated 12.07.2019 passed in MCRC No.4099 of 2019 considering prima facie case against him. His third bail application regarding temporary bail was allowed by this Court vide order dated 13.09.2019 passed in MCRC No. 5159 of 2019.

3. Counsel for the applicant submitted that applicant is in jail since 26.11.2018. Only 6 prosecution witnesses out of 13 have been examined. Prosecutrix is avoiding to appear before Court. He further submitted that in these circumstances he wants to withdraw this bail application. He further submitted that trial Court may be directed for

speedy trial.

4. Looking to the facts and circumstances of the case, aforesaid permission is granted.

5. Accordingly, instant bail petition is dismissed as withdrawn.

6. However, trial court is directed to expedite the trial and dispose of the case as soon as possible preferably within 3 months from the date of receipt of copy of this order.

Sd/- Sd/- (Sharad Kumar Gupta) Judge parul