Sunita Patel v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5265 of 2019 • Sunita Patel W/o Late Shri Dharam Singh Patel, Aged About 42 Years, R/o Village Bastipara, Ward No.18, Jhalap Police Station Patewa, District Mahasamund Chhattisgarh., District : Mahasamund, Chhattisgarh ---- Applicant

Versus

• State of Chhattisgarh Through Police Station Arang, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh ----Non-applicant For Applicant - Shri Anchal Kumar Matre, Advocate. For Non-applicant/State - Shri N.K. Mehta, Panel Lawyer. Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 24-09-2019 1.

Heard on the application filed under Section 439 of the Cr.P.C. This is first bail application before this Court filed by the applicant for grant of regular bail. The applicant has been arrested on 13-05-2019 in connection with Crime No.36/2018 registered at P.S. - Arang, District Raipur, Chhattisgarh for the offence under Section 20(b) of N.D.P.S. Act.

2.

It is submitted on behalf of the applicant that the applicant has been falsely implicated in this case. She is in jail since 13-05-2019. The applicant has not committed any offence. She is local resident of District Mahasamund. Therefore, it is prayed that the applicant may be released on regular bail. 3.

Learned counsel for the State/non-applicant opposes the application. 4.

Heard learned counsel for the parties and perused the case diary. 5.

3 kg. of Ganja was seized form the possession of this applicant by police personnel of Police Station Arang, District Raipur while she was traveling in a bus.

6.

Considering that the applicant is local resident of District Mahasamund

-2and her availability for trial can be ensured, therefore, I feel inclined to allow this application.

7.

Consequently, this application filed by the applicant under Section 439 of the Cr.P.C. for grant of regular bail is hereby allowed. It is directed that the applicant shall be released on bail on her furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned Court, for her appearance as and when directed. 8.

Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Aadil

Page No.1 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CR.M.P. No. 2447 of 2019 Sunita Patel, W/o. Late Shri Dharam Singh Patel, Aged About 42 Years, R/o. Vill- Bastipara, Ward No. 18, Jhalap, P.S.- Patewa, District- Mahasamund, Chhattisgarh.

---- Petitioner

Versus

State Of Chhattisgarh, Through- P.S.- Arang, District- Raipur, Chhattisgarh. ---- Respondent For Petitioner : Mr. Satyendra Srivas, Advocate For Respondent/State : Mr. Shrikant Kaushik, P.L.

Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 15/11/2019 1.

Heard on petition under Section 482 of Cr.P.C. for modification of the order dated 24.09.2019, passed in M.Cr.C. No.5265 of 2019. 2.

It is submitted that in the first paragraph of the impugned order, the crime number is mentioned as Crime No.36 of 2018, that should have been Special Sessions Trial No. 36/2019.

3.

On verification of the copy of the rejection order filed by the petitioner, it is found that typographical mistake has been committed in the order passed earlier, therefore, the application is allowed. 4.

It is ordered that in the first paragraph of the impugned order, the mention of Crime No.36 of 2018 be hereinafter read as Special Session Trial No.36 of 2019.

5.

Copy of this order be made part of the order dated 24.09.2019, passed in M.Cr.C. No. 5265 of 2019.

6.

Accordingly, the petition is disposed off.

Sd/- (Rajendra Chandra Singh Samant) Judge Balram