Anil@ Anya Piple v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1731 of 2017

1. Anil@ Anya Piple S/o Yuvraj Piple, aged about 39 years, R/o Ashok Nagar Ward No. 4, Behind R.T.I. College, Police Station Shrirampur, District- Ahmad Nagar, Maharashtra ---- Applicant

Versus

1. State of Chhattisgarh Through, Station House Officer, Police of Police Station-City Kotwali, Dhamtari, District- Dhamtari, Chhattisgarh. ---- Non-applicant For Applicant - Shri Anil Gulati, Advocate.

For Non-applicant/State - Shri Neeraj Sharma, Deputy Govt. Advocate. Hon'ble Shri Justice Chandra Bhushan Bajpai Order on Board 28-03-2017 1.

Heard the matter finally.

2.

Learned counsel for the applicant would submit that the applicant stand arrested by City Kotwali, Dhamtari in connection with Crime No.183/2016 under Section 395, 412 of the IPC on 14-08-2016. The charge sheet has been filed, the matter is pending before the JMFC, Dhamtari who had registered Criminal Case No.1029/2016. Subsequently, he had committed the matter for trial to the Court of Sessions. Presently, the matter is pending before the A.S. J. Dhamtari. Only Rs.1500/- cash and one iron rod were seized from the applicant. The co-accused on whose memorandum seizure were effected was not identified by the complainant. They have good case for his release on bail. 3.

Per contra, learned counsel for the non-applicant/State opposed the argument advanced on behalf of the applicant and would submit that the applicant was duly identified in the test identification parade and also another Crime No.14/2008 was registered for the similar offence by the P.S. Kotwali wherein also charge sheet has been filed against the present applicant along with other co-accused and the present matter there was allegation for the dacoity of Rs.6,90,000/- of cash and ornaments.

-24.

On due consideration, looking to the evidence collected by the prosecution against the present applicant and his role attributed, I am not inclined to allow the instant MCRC.

5.

Consequently, the MCRC is hereby dismissed.

Sd/- (Chandra Bhushan Bajpai) JUDGE Aadil