Nandram Joshi v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR Order Sheet MCRCA No.623 of 2017 Nandram Joshi, aged about 33 years, son of Chander Singh, Joshi, resident of Gunsari, Police Station Takhatpur, District Bilaspur (CG). ---- Appellant

Versus

State of Chhattisgarh Through the Station House Officer, Police Station Basantpur, District Balrampur (CG).

---- Respondent 21/07/2017 Shri KK Singh, Advocate for the appellant.

Ms. M. Asha, Panel Lawyer for the State.

This is repeat anticipatory bail application. Earlie one was dismissed as withdrawn on 15.06.2017 with liberty to surrender before the concerned court and to move an application for grant of regular bail. Counsel for the applicant submits that the repeat bail application has been made in the light of fact that since as of now there is no court at Balrampur to hear the matters where the offence is under the provisions of Protection of Children from Sexual Offences Act, 2012, as the presiding officer of said area has been transferred.

In the given factual matrix of the case, this court is of the opinion that nothing prevents the applicant from approaching the concerned Sessions Judge having jurisdiction over the District Balarampur for grant of regular bail by moving regular bail application.

In view of the same, this court is not inclined to entertain the repeat bail application at this juncture. However, the applicant is at liberty to move application for grant of regular bail before the concerned Sessions Judge having jurisdiction over the area.

The concerned Sessions Judge shall be obliged to decide the application strictly in accordance with law. This court has not expressed any opinion on the merits of the case.

Accordingly, the bail application stands rejected. Sd/- (P. Sam Koshy) Judge Inder