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High Court Of ChhattisgarhCRMP/2069/2019dismissed

Bharat Sahu v. State Of Chhattisgarh

2019-09-12Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

CRMP No. 2069 of 2019 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 2069 of 2019

1. Bharat Sahu S/o Late Gopal Sahu Aged About 43 Years R/o Ward No. 43, Basantpur, Rajnandgaon, District Rajnandgaon, Chhattisgarh.

2. Vinod S/o Late Kapil Dev Aged About 43 Years R/o Shastri Nagar, Plot No. 13/9, Supela, Camp No.1, Bhilai, District Durg, Chhattisgarh.

3. Nitin Limbo @ Munku Nepali S/o Nirmal Kumar Limbo Aged About 36 Years R/o Ward No. 14, Borinagar, Police Station City Kotwali, Tahsil and District Rajnandgaon, Chhattisgarh.

4. Dinesh Kumar Maheshwari @ Golu Marwadi S/o Late Jagdish Maheshwari Aged About 34 Years R/o Kilapara, Rajnandgaon, District Rajnandgaon, Chhattisgarh. ---- Petitioners

Versus

• State of Chhattisgarh Through The Station House Officer, Police Station, Basantpur, District Rajnandgaon, Chhattisgarh.

---- Respondent For Petitioner(s) :- Shri Gautam Khetrapal, Advocate.

For Respondent-State :- Shri K.K. Singh, G.A.

Order On Board By Prashant Kumar Mishra, J.

12/09/2019

1. By this petition under Section 482 of the Cr.P.C. the petitioners seek modification of the common order dated 25.05.2017 passed in MCRC Nos.3219/2017, 1772/2017 and 3623/2017 and the order dated 27.07.2017 in the

CRMP No. 2069 of 2019 MCRC No.4172/2017.

2. While granting bail to the petitioners under Section 439 of Cr.P.C. this Court directed the petitioners to appear before the concerned Police Station twice in a month.

3. Petitioners would submit that since 2017 they are regularly appearing before the Trial Court as well as before the concerned Police Station albeit the Petitioner No.3 is suffering from illness. Petitioner would also submit that in fact the complainant himself is not appearing before the Court below despite granting several opportunities and on account of the same the evidence of the complainant could not be recorded.

4. Having considered the facts and circumstances of the case and also considering the nature of charges leveled against the petitioners this Court is not inclined to allow the petition under Section 482 of the Cr.P.C.

5. Accordingly, the same is sans merit is liable and is hereby dismissed.

Sd/- (Prashant Kumar Mishra) Judge Ankit