Smt. Toral Tank v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 1490 of 2017

1. Smt. Toral Tank D/o Late Shri Pradeepbhai Tank, Aged About 24 Years R/o B-501, Richmond Grand, Near Torrent Power, Makarba Crossing, Prahalad Nagar Road, Ahmedabad (Gujrat)

2. Smt. Kumud Tank W/o Pradeep Tank, Aged About 52 Years R/o B-501, Richmond Grand, Near Torrent Power, Makarba Crossing, Prahalad Nagar, Road, Ahmedabad (Gujrat) (At Present both the petitioners are Residing At Unit 100591 Bridge Street N S W Sydney Australia) ---- Petitioners

Versus

• State of Chhattisgarh Through Station House Officer, Women Police Station Durg, District Durg, Chhattisgarh ---- Respondent For Petitioners :

Shri Siddhartha Rathod, Advocate For Respondent-State :

Shri Anupam Dubey, Dy. GA for the State For intervener :

Shri Prasoon Agrawal, Advocate Hon'ble Shri Justice Goutam Bhaduri Order On Board 10/11/2017

1. Learned counsel for the petitioners seeks permission of the Court to withdraw the instant petition with liberty to move appropriate petition before the Hon'ble Supreme Court, wherein one SLP (Criminal) No.5490/2017 is pending consideration.

2. Considering the fact that the the Hon'ble Supreme Court is in the hold of the matter with respect to conditions of bail, it would not be proper for this Court to give any finding at this stage in view of the ratio laid down by the Supreme Court in the matter of Rukmani Mahato Vs. The State of

Jharkhand {SLP (Criminal) 2411/2016} that when the issue is in sesin of Supreme Court, the other Court should avoid to adjudicate the same in case of bail.

3. Accordingly, the petition is dismissed as withdrawn with the liberty aforesaid. Sd/- Goutam Bhaduri Judge Ashu