Komal Kenvat v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Misc. Criminal Case No.4408 of 2017 • Komal Kenvat S/o Dammu Kenvat, Aged About 20 Years R/o Village Barvaha, Post Kulwa, Tahsil Niwadi, District Teekamgarh, Madhya Pradesh.

---- Applicant

Versus

• State Of Chhattisgarh Through Police Station Kotwali, District Rajnandgaon, Chhattisgarh.

---- Respondent For Applicants : Shri Samir Singh, Advocate For Respondent/State : Shri OP Sahu, Govt. Advocate Hon'ble Shri Justice Chandra Bhushan Bajpai Order On Board 08.8.2017 At the outset, learned counsel for the applicant would submit that he intends to withdraw the instant bail application as he wants to file appropriate petition before the trial Court under Section 167(2)(a)(ii) of the Cr.P.C. as the charge sheet has not been filed within 60 days from the date of arrest of the applicant despite clear provision that "no Magistrate shall authorise the detention" and also " accused person shall be released on bail if he is prepared to and does furnish bail" . Also on the ground that despite three other co-accused who were ultimately released by the Session Judge, Rajnandgaon. In the order dated 15.6.2016 passed in Criminal Revision No.43/2017, other three accused persons were granted bail, who were arrested on the same day

along with present applicant under Section 167(2) of the CrPC. Hence, instant bail application may be disposed of as withdrawn. 2.

As submitted, the instant bail application is disposed of as withdrawn without any appreciation on its merits. 3.

A copy of this order be sent to the trial Court for information. The applicant may also file copy of the order before the concerned remand Court/trial Court for information.

Sd/- (Chandra Bhushan Bajpai) JUDGE Bini