Amit Kumar Sonwani v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Misc. Criminal Case (A) No.530 of 2017 • Amit Kumar Sonwani S/o Late Paras Sonwani, Aged About 27 Years R/o Village Kunda, Police Station Kunda, Tahsil Kunda, District Kabirdham, Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station Kunda, District Kabirdham, Chhattisgarh. ---- Respondent For Applicants : Shri Abdul Wahab Khan, Advocate For Respondent/State : Shri Anant Bajpai, Panel Lawyer Hon'ble Shri Justice Chandra Bhushan Bajpai Order On Board 18.8.2017 At the outset, learned counsel for the applicant would submit that instant MCRCA may be disposed of as withdrawn as the applicant intends to surrender before the concerned Court of Judicial Magistrate First Class having jurisdiction and further intends to file an application under Section 437 of the Cr.P.C. He would further submit that the Court below may be directed to hear the matter and decide the application as early as possible preferably on the same day.

2.

As prayed, the instant MCRCA is disposed of as withdrawn without any appreciation on its merits. It is directed that if the applicant gives three days' prior notice to the IO/SHO of PS Police Station Kunda, Distt. Kabirdham (CG) in connection with Crime No.116/2016 of the offence under Sections 456 & 506 of the

Indian Penal Code regarding his surrender before the concerned Judicial Magistrate having jurisdiction and also give three days prior intimation to the concerned Judicial Magistrate having jurisdiction and if the applicant after surrender as per law file an application under Section 437 of the Cr.P.C. after completion of all formalities required under the law by the police and the concerned Judicial Magistrate the said application for release on bail be disposed of as expeditiously as possible preferably on the same day.

3.

The applicant may file a copy of the order before the concerned Court for compliance.

4.

Registrar (Judl.) is also directed to send a copy of the order to the court concerned having jurisdiction through usual and fax mode.

5.

MCRCA is accordingly disposed of.

Sd/- (Chandra Bhushan Bajpai) JUDGE Bini