Mohd. Faruque v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 890 of 2017 Mohd. Faruque S/o Late Haji Mohd. Gaus, Aged About 70 Years R/o Pratapdev Ward, Jagdalpur, P.S. City Kotwali, District Bastar, Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh Through P.S. Lohandiguda District Bastar, Chhattisgarh ---- Respondents For Applicant :

Mr. Akash Pandey, Advocate For State :

Ms. Sunita Jain, Panel Lawyer Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 23.10.2017 Heard.

1. This is second application for grant of bail. Earlier anticipatory bail application was rejected on 15.07.2015. This new application has been filed by the applicant stating that the applicant is almost 70 years of age by now and no useful purpose would be served in putting the applicant under arrest and then allowing him to apply for bail. It is submitted that he is ailing and number of medical certificates have also been placed on record.

2. The medical prescription on record do not lead to any such conclusion of applicant being in a condition that this Court should giving another indulgence that too, an application for grant of anticipatory bail when earlier the application was rejected two years before. Therefore, the application is rejected.

3. However, considering the old age, this Court would observe that in case the appellant surrenders and applies for grant of regular bail, his application shall be considered as early as possible preferably within three days. Sd/- (Manindra Mohan Shrivastava) Judge Rekha