Balram Naik v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR Order Sheet M.CR.C. No. 3446 of 2017 Balram Naik, S/o. Abhiram Naik, Aged About 28 Years, R/o. Shrinagar, Jhanda Chowk Raipur, District- Raipur, Chhattisgarh. ----Applicant

Versus

State Of Chhattisgarh, Through: The Station House Officer, Police Station Bhansi, District- Dantewada, Chhattisgarh.

---- Respondent 11/05/2017 Mr. S.C. Verma, Advocate for the applicant.

Mr. Anil S. Pandey, Govt. Advocate for the State. Heard.

Learned counsel for the applicant would submit that the first bail application was dismissed on 03.03.2017 and one of the co-accused is suffering from cancer therefore, he has been granted temporary bail for treatment, hence, on that count, the case before the trial Court is being adjourned and 3-4 witnesses appears to be examined. It is, therefore, prayed that the trial Court may be directed to proceed in the matter and expedite the trial though the statement of the witnesses are recorded which can be done even in absence of the accused.

Considering the submission made by the counsel for the applicant, the prayer appears to be reasonable and the evidence can be recorded even in absence of the accused. Taking into such fact the trial Court is directed to expedite the trial and decide the case within a further period of three months from the date of receipt of copy of this order. With such observation, the bail application filed under Section 439 of Cr.P.C. is disposed of.

Sd/- (Goutam Bhaduri) Judge balram