Vinod Bhoi v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Misc. Criminal Case (A) No.216 of 2017 • Vinod Bhoi S/o Late Shri Arjun Bhoi, Aged About 57 Years Caste Kolta, R/o Village Arjunda, Post Khisdi, Police Station & Tahsil Saraipali, Civil Revenue District Mahasamund, Chhattisgarh. ---- Applicant

Versus

• State Of Chhattisgarh Through Police Station Saraipali, District Mahasamund, Chhattisgarh.

---- Respondent For Applicant : Shri J.A. Lohani, Advocate For Respondent/State : Shri Arvind Shukla, Panel Lawyer Hon'ble Shri Justice Chandra Bhushan Bajpai Order On Board 22.6.2017 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.400/2015, registered in Police Station Saraipali, Distt. Mahasamund (CG) for the offence punishable under Section 420 of the Indian Penal Code.

3.

Learned counsel for the applicant submits that the applicant intends to surrender before the trial Court i.e. Judicial Magistrate First Class, Saraipali and also intends to file application under Section 437 of the Code. Hence, the present application may be disposed of as withdrawn directing the trial Court to dispose off

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As prayed, the instant application is disposed of as withdrawn without any appreciation on its merits.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 gives three days prior notice to Investigating Officer/Station House Officer, Police Station Saraipali, as the case may be, regarding his surrender before the concerned criminal court i.e. Judicial Magistrate First class Saraipali and if the applicant also intimate the concerned the Court three days prior to his surrender and if the applicant after his surrender files an application under section 437 of the Cr.P.C., the same be disposed of on its merits in accordance with law on the same day as far as possible after hearing the parties and to act further in accordance with law.

5.

The instant bail application is disposed of accordingly. 6.

Registrar (Judl.) is directed to send a copy of the order to the concerned Court having jurisdiction through usual and fax mode immediately.

7.

The applicant may file copy of the order before the concerned court for compliance.

Certified copy as per rules.

Sd/- (Chandra Bhushan Bajpai) JUDGE Bini