Umend Kumar Koshle @ Umesh v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 1752 of 2017 • Umend Kumar Koshle @ Umesh S/o Sadhelal Koshle, Aged About 30 Years R/o Village Levae, P.S. Bhatapara, District Balodabazar-Bhatapara, Chhattisgarh, Chhattisgarh ---- Petitioner

Versus

• State of Chhattisgarh Through The District Magistrate Balodabazar, P.S. Bilaigarh, District Balodabazar-Bhatapara, Chhattisgarh, Chhattisgarh ---- Respondent For Petitioner :

Ms. Aditi Singhvi, Advocate For Respondent -State :

Shri Ashish Shukla, Dy. AG for the State Hon'ble Shri Justice Goutam Bhaduri Order On Board 19/01/2018

1. Learned counsel for the petitioner submits that this petition is for modification of the order dated 05.09.2017 which is passed in M.Cr.C. No.5233/2017 and further submits that the wrong submission was made that only 5 witnesses have been examined out of 21 witnesses, actually there were 11 witnesses and 10 were examined. She would further submit that in the said case of the Crime No.148/2015 the applicant has been acquitted on 27.10.2017 and submits that inadvertently wrong submission was made. Whereas, in Crime No.83/15 out of 21 witnesses 5 were examined. Since the wrong submission was made that in Crime No.83/15 out of 11 witnesses 10 have been examined and on the basis of the said submission the bail was dismissed on the ground that the trial is at the fag end and the same may be reconsidered.

2. Be that as it may, it is stated that in Crime No.148/2015 the applicant has been acquitted on 27.10.2017 and with respect to Crime No.83/2015, the petitioner shall be at liberty to move suitable application, if so advised, by way of second application.

3. With such observation, the CRMP stands disposed of. Sd/- Goutam Bhaduri Judge Ashu