Chattisgarh High Court
Budhari And Others vs State Of Chhattisgarh 17 Fa/6/2011 K.V. ... on 19 August, 2019
HIGH COURT OF CHHATTISGARH, BILASPUR
CRA No. 748 of 2007
Budhari And Others Versus State Of Chhattisgarh
19.08.2019Mr. Malay Shrivastava, Counsel for the appellants.
Mr. D.K. Tiwari, Govt. Advocate for the State. Heard on I.A.No.1/2019, application under Section 389(1) and (2) of the CrPC for suspension of sentences and grant of bail to the appellants No.2 and 3.
Counsel for the appellants No.2 and 3 submitted that appellants No.2 and 3 had been released on bail on 15.10.2017 and their sentences were suspended. Thus sentences imposed upon the appellants No.2 and 3 may be suspended and they may be released on bail. Apppellants are continuously appearing before the trial Court. Counsel for the State opposes the application. It would be pertinent to mention that on 08.02.2019 the bail granted to appellants No.2 and 3 was cancelled and non bailable warrants were issued against appellants No.2 and 3. On 22.07.2019 this Court has rejected the applications of appellants No.2 and 3 for cancellation of non bailable warrant.
Appellants No.2 and 3 are not in custody. Looking to the above mentioned facts and circumstances of the case I.A.No.1/2019 is rejected.
The issued non bailable warrant against appellants No.2 and 3 neither received served nor unserved.
Call the brief report from the concerned S.P. as to who is the erring officer.
Issue fresh non bailable warrant against appellant No.2 Bagirathi and appellant No.3 Ratiram.
Fix this case on 24.09.2019.
Sd/-
(Sharad Kumar Gupta) Judge pm