Pankaj And ANR. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MISC. CRIMINAL CASE (A) NO. 279 OF 2017 1.

Pankaj, S/o Tilak Ram Dhritlahare, aged about 22 years. 2.

Shittu @ Tularam, S/o Bhunaram, aged about 27 years (the name of father wrongly mentioned as Tularam instead of Bhunaram in impugned order), Both are R/o Village- Devgaon, P.S. Kharora, District Raipur (C.G.) ... Applicants

Versus

State of Chhattisgarh, through S.H.O., P.S.- Kharora, District Raipur (C.G.) ... Non-applicant For Applicants :

Mr. Atanu Ghosh, Advocate.

For Non-applicant/State :

Mr. U.K.S. Chandel, Panel Lawyer.

Hon'ble Shri Justice P. Sam Koshy Order on Board 09/05/2017 1.

The present application has been filed under Section 438 of CrPC for grant of anticipatory bail to the Applicants who are apprehending their arrest in connection with Crime No. 37 of 2017, registered at Police Station- Kharora, District- Raipur, for the offence punishable under Section 10 (Amended Act) and Sections 4, 5 & 6 of the Chhattisgarh Pashu Adhiniyam and Section 11 of the Pashu Krurta Adhiniyam. 2.

After arguing for some time, learned Counsel for the Applicants prays for withdrawal of the present application with a liberty that in the event if the Applicants move an application for grant of regular bail before the concerned Court below then the said Court below may decide the said application on the same day.

3.

Accordingly, the present application filed under Section 438 of CrPC is dismissed as withdrawn. However, it is directed that if the Applicants surrender themselves before the concerned Court below and move an application for grant of regular bail then the same shall be decided by the said Court, if possible, on the same day, on its own merits, in accordance with law.

Sd/- (P. Sam Koshy) /sharad/ Judge