Dashrath Kashyap And Others v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 569 of 2017
1. Narendra Kashyap S/o Shyamsunder Kashyap Aged About 45 Years Caste Kurmi,
2. Vikas Kashyap S/o Narendra Kashyap Aged About 22 Years both R/o Village Kudkai, Police Station Pendra, District Bilaspur CG. ---- Applicants
Versus
State Of Chhattisgarh Through The Station House Officer, Police Station Pendra, District Bilaspur Chhattisgarh. ---- Respondent MCRCA No. 571 of 2017
1. Dashrath Kashyap S/o Ramprasad Kashyap Aged About 56 Years
2. Gulab Kashyap S/o Ramprasad Kashyap Aged About 50 Years
3. Chhotelal Kashyap S/o Ramprasad Kashyap Aged About 47 Years all R/o Village Patgawan, Police Station Pendra, District Bilaspur CG. ---- Applicants
Versus
State Of Chhattisgarh Through The Station House Officer, Police Station Pendra, District Bilaspur Chhattisgarh. ---- Respondent MCRCA No. 573 of 2017 Siyaram Kashyap S/o Ramnarayan Kashyap Aged About 40 Years Caste-Kurmi, R/o Village Kudkai, Police Station Pendra, District Bilaspur Chhattisgarh ---- Applicant
Versus
State Of Chhattisgarh Through The Station House Officer, Police Station Pendra, District Bilaspur Chhattisgarh. ---- Respondent MCRCA No. 604 of 2017
1. Durgesh Kashyap S/o Janakram @ Jamuna Prasad Aged About 35 Years
2. Dinesh Kashyap S/o Jamuna Prasad @ Janakram Kashyap Aged About 25 Years Both R/o Village Kudkai, Police Station Pendra, District Bilaspur, CG.
3. Jayant Choudhary S/o Munnalal Choudhary, Aged About 28 Years R/o Village Patgawan, Police Station Pendra, District Bilaspur, CG. ---- Applicants
Versus
State Of Chhattisgarh Through The Station House Officer, Police Station Pendra, District Bilaspur, Chhattisgarh.
---- Respondent For applicants Mr. B.P. Singh, Adv.
For Respondent/State Mr. Ashok Swarnkar and Mr. Anant Bajpai, PL Hon'ble Shri Justice Chandra Bhushan Bajpai Order On Board 18-81. 569As all the above MCRCAs arise out of the same crime number and incident, hence they are being disposed of by the common order.
2. At the outset, learned counsel for the applicants submits that instant 4 MCRCAs may be disposed of as withdrawn as the applicants intend to surrender before the concerned court of Judicial Magistrate First Class having jurisdiction and further intend to file an application under Section 437 of the Cr.P.C. He further submits that concerned court may be directed to hear the matter and decide the said applications as early as possible preferably on the same day.
3. As prayed, instant MCRCAs are disposed of as withdrawn without any appreciation on its merit. It is directed that if the applicants give three days' prior notice to the IO/SHO/incharge of Police Station Pendra, Distt. Bilaspur, in connection with Crime No. 117/2017 under Section 147, 294, 323, 186, 353, 506, 332 of the Indian Penal Code, 1860 regarding their surrender before the concerned Judicial Magistrate having jurisdiction and also give 3 days prior intimation to the concerned Judicial Magistrate having jurisdiction and if the applicants after surrender as per law file applications under Section 437 of the Cr.P.C. after completion of all formalities as required under the law by the police and the
concerned Magistrate, the said applications for release on bail under Section 437 of the Cr.P.C. be disposed of as expeditiously as possible preferably on the same day on the basis of its own merit.
4. The applicants themselves may file copy of the order before the concerned court for compliance. Registrar (Judicial) is also directed to send copy of the order to the concerned Magistrate having jurisdiction through fax and usual mode immediately.
5. MCRCAs are accordingly disposed of.569
6. A copy of the order be placed in the file of MCRCA No. 571/2017, MCRCA No. 573/2017 and MCRCA No. 604/2017. Sd/- (Chandra Bhushan Bajpai) Judge Pathak