Badshah Khan @ Saif Khan v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRA No. 988 of 2020 1.
Badshah Khan @ Saif Khan S/o Baba Khan, Aged About 24 Years, Permanent R/o Spatal Sector, Road No. 09, Block No. 01, Room No. 8, Bhilai, District Durg (C.G.). Present R/o Konde Power House Ward No. 17, Rajhara, Police Station Rajhara, District Balod (C.G.).
---- Appellant
Versus
1.
State Of Chhattisgarh Through The District Magistrate, District Balod (C.G.).
---- Respondent For Appellant :
Mr. Ashutosh Mishra, Advocate.
For Respondent/State : Mr. Sameer Uraon, Govt. Advocate. Hon'ble Justice Shri Gautam Chourdiya Order on Board 01/02/2021 1) This appeal by the accused/appellant under Section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 is directed against the order dated 21/09/2020 passed by the Special Judge (constituted under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act), Balod (C.G.), refusing to allow his regular bail under Section 439 Cr.P.C. The appellant is in jail since 24/06/2020 in connection with Crime No. 70/2020 for the offence punishable under Sections 363, 366, 376 & 342 of IPC, under Section 4, 5(1) & 6 of POCSO Act and under Section 3 (2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and registered at Police Station Rajhara, District Balod (C.G.).
2) Learned counsel for the appellant submits that he does not want to prosecute this appeal and seeks to withdraw the same
with liberty to file appropriate application before the appropriate Bench. Further he prays for return of certified copy of the impugned order.
3) Counsel for the State has no objection to the above prayer. 4) Permission granted.
5) Accordingly, the Criminal Appeal is dismissed as withdrawn with aforesaid liberty.
6) Registry is directed to return certified copy of the impugned order to the Counsel for the appellant on his furnishing true authenticated xerox of the same.
-Sd/- (Gautam Chourdiya) Judge Chandrakant