State Of Chhattisgarh v. Hiralal

HIGH COURT OF CHHATTISGARH, BILASPUR ORDER SHEET Cr.M.P. No.224 of 2015 State of Chhattisgarh Verses Hiralal Registry 07.10.2015 Smt. Shobha Kashyap, Dy. GA for the State/applicant/appellant. The matter is listed for orders on default.

On due consideration, default pointed out by the Registry is overruled.

Heard on application for condonation of delay in filing of the acquittal appeal.

The instant appeal followed by acquittal appeal has been filed after one day of its limitation.

On due consideration of the reasons mentioned in the application, the same is allowed and the delay in filing the Cr.M.P. followed by the acquittal appeal is hereby condoned. Heard Cr.M.P. for grant of leave to appeal as the Court below vide judgment dated 07.11.2014 in Cr. Case No.1886/2000 after affording benefit of doubt acquitted the respondent for the charges framed under Sections 377 & 304A of the IPC . For the purpose of leave to appeal, impugned judgment, evidence and copy of the charge sheet perused. On due consideration, this is a fit case where leave to appeal be granted.

Consequently, instant Cr.M.P. is allowed and leave to appeal is granted.

Registry is directed to register this matter under the head of acquittal appeal.

Record of the Court below be requisitioned through usual and fax mode.

The appellant is directed to pay PF within seven days from today for issuance of notice to the respondent through ordinary and registered mode, returnable within four weeks along with copy of

memo of acquittal appeal and other annexed documents for the purpose of his representation in the matter.

List this matter for further hearing immediately after service of notice to the respondent and receipt of the record. Sd/- (Chandra Bhushan Bajpai) Judge Bini