Supreme Court - Daily Orders
Devendra Kumar Binjhvar vs State Of Chhattisgarh on 18 April, 2023
Author: Ajay Rastogi
Bench: Ajay Rastogi
ITEM NO.4 COURT NO.5 SECTION II-C
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.) No(s).
2828/2023
(Arising out of impugned final judgment and order dated
22-09-2022 in Criminal MCRC No. 8161/2022 passed by the
High Court of Chhattisgarh at Bilaspur)
DEVENDRA KUMAR BINJHVAR Petitioner(s)
VERSUS
STATE OF CHHATTISGARH Respondent(s)
(IA No. 16807/2023 - EXEMPTION FROM FILING C/C OF THE
IMPUGNED JUDGMENT
IA No. 16805/2023 - EXEMPTION FROM FILING O.T.
IA No. 35774/2023 - EXEMPTION FROM FILING O.T.
IA No. 35773/2023 - PERMISSION TO FILE ADDITIONAL
DOCUMENTS/FACTS/ANNEXURES)
Date : 18-04-2023 This matter was called on for hearing
today.
CORAM :
HON'BLE MR. JUSTICE AJAY RASTOGI
HON'BLE MR. JUSTICE AHSANUDDIN AMANULLAH
For Petitioner(s) Mr. C.B.Gururaj, Adv.
Mr. Prakash Ranjan Nayak, AOR
Mr. Pramit Chhetri, Adv.
Mr. Animesh Dubey, Adv.
For Respondent(s) Mr. Sourav Roy, Adv.
Mr. Mahesh Kumar, Adv.
Signature Not Verified Mr. Vishal Malik, Adv.
Digitally signed by
SONIA BHASIN
Mr. Rishabh Nigam, Adv.
Ms. Devika Khanna, Adv.
Date: 2023.04.18
17:00:01 IST
Reason:
Mr. Shray Sashank, Adv.
SLP (Crl.) No(s). 2828/2023 1/3
Mrs. V.D Khanna, Adv.
M/s. VMZ Chambers, AOR
UPON hearing the counsel the Court made the following
O R D E R
The present petition has been filed seeking post-arrest bail which is declined by order dated 22nd September, 2022. FIR No. 375/2019 came to be registered on 9th October, 2019 for offences punishable under Sections 294, 506 B, 147, 148, 149, 427, 307 & 302 IPC implicating 7 accused persons. Charge sheet came to be filed and charge has been framed.
It has come on record that the petitioner is in custody since 10th October, 2019. It is submitted by learned counsel that the petitioner was not named in the FIR and during investigation his name revealed when the final charge sheet came to be filed. Learned counsel submits that as per the case of the prosecution, PW-1 (Bhanu Pratap Khunte) is one of the eye witness of the alleged incidence and if his statement is taken at face value, no case is made out against the petitioner.
SLP (Crl.) No(s). 2828/2023 2/3 Learned counsel for the State has opposed the application.
We have heard learned counsel for the parties.
After taking into consideration the facts, material on record and in the present factual circumstances and without expressing any opinion on merits/demerits of the case, the petitioner has made out a case of post-arrest bail. Ordered accordingly.
The petitioner is directed to be produced before the Trial Court within three days and shall be released on post-arrest bail on the terms and conditions to the satisfaction of the Trial Court.
With these directions, the Special Leave Petition is disposed of.
Pending application(s), if any, shall stand disposed of.
(SONIA BHASIN) (RAVINDER KUMAR) COURT MASTER (SH) COURT MASTER (NSH) SLP (Crl.) No(s). 2828/2023 3/3