Kanhaiya Lal v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRA No. 1507 of 2018

1. Kanhaiya Lal S/o Komallal Meshram Aged About 43 Years R/o Village Rajim, Police Station Rajim, District Gariyaband Chhattisgarh.

2. Dr. Vijay Kumar Verma S/o Ramadhar Verma Aged About 50 Years R/o Birgaon, Police Station Urla, District Raipur Chhattisgarh.

---- Appellants

Versus

1. State Of Chhattisgarh Through Police Station Tumgaon, District Mahasamund Chhattisgarh.

---- Respondent For Appellants :

Shri Rajendra Kumar Patel For Respondent/State :

Shri K.K. Singh, G.A.

DB : Hon'ble Shri Justice Manindra Mohan Shrivastava Hon'ble Smt. Justice Rajani Dubey Order On Board by Hon'ble Shri Justice Manindra Mohan Shrivastava 28.02.2019 1.

This is an appeal filed by the appellant against an order dated 12/07/2016 passed by the NIA Court, rejecting appellants' application for grant of bail.

2.

We find that earlier the appellant filed an application for grant of bail invoking Section 439 Cr.P.C., which was rejected on

merits by learned Single Judge of this Court on 12/07/2016 in MCRC No 3569/2016.

3.

The parties did not bring it to the notice to the learned Single Judge that, the order was an appealable one. Thereafter, appellant Vijay Kumar Verma has filed repeated number of applications under Section 439 of the Cr.P.C., which was, later dismissed as withdrawn.

4.

In view of the above, the appeal against the order dated 12/07/2016 is also liable to be rejected.

5.

However, considering that the trial is pending, learned Trial Court shall do well to conclude the Trial.

6.

It will be open for the appellant, at this stage, to apply for grant of fresh bail, before the Trial Court.

Sd/- Sd/- (Manindra Mohan Shrivastava) (Rajani Dubey) Judge Judge

Vijay Sahu