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High Court Of ChhattisgarhMCRCA/180/2017withdrawn

Kamlesh Kumar Koram And ANR. v. State Of Chhattisgarh

2017-04-27Hon'Ble Shri Justice Chandra Bhushan Bajpai2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Misc. Criminal Case (A) No.180 of 2017

1. Kamlesh Kumar Koram S/o Shiyaram Koram, Aged About 25 Years R/o Patelpara, Bandarvandi, Police Station Pharasgaon, District Kondagaon Chhattigarh

2. Sunil Kumar Fardiya, S/o Jogendra Prasad Fardiya, Aged About 23 Years R/o Bargawa, Hatkondal, Tehsil Durgkondal, District Utter Baster Kanker Chhattisgarh ---- Applicants

Versus

• State Of Chhattisgarh Through : Police Station Pharasgaon, District - Kondagaon, Chhattisgarh ---- Respondent For Applicant : Shri Vishnu Koshta, Advocate For Respondent/State : Shri Neeraj Jain, Govt. Advocate Hon'ble Shri Justice Chandra Bhushan Bajpai Order On Board 27.4.2017 Heard.

2.

The applicant has preferred this application under Section 438 of the Code of Criminal Procedure, 1973 (for short 'the Code') for grant of anticipatory bail as he apprehends his arrest in connection with Crime No.05/11, registered in Police Station Pharasgaon, Distt. Kondagaon (CG) for the offence punishable under Sections 147, 148, 149, 186, 353, 395 and 436 of IPC and Sections 3 & 4 of Prevention of Damage to Public Property Act, 1984.

3.

Learned counsel for the applicant submits that the applicant intends to surrender before the Court i.e. Chief Judicial

Magistrate, Kondagaon where Criminal Case No.106/12 is pending and also intends to file application under Section 437 of the Code. Hence, the present application may be disposed of as withdrawn directing the Court to dispose of the application under Section 437 of the Code on the same day, if possible. 4.

As prayed, the instant application is disposed of as withdrawn without any appreciation on its merits. In case the applicant surrender before the Court in Criminal Case No.106/12 and files application under Section 437 of the Code, the Chief Judicial Magistrate, Kondagaon is directed to dispose of the said application under Section 437 of the Code on the same day, if possible.

Certified copy as per rules.

Sd/- (Chandra Bhushan Bajpai) JUDGE Bini