State Of Chhattisgarh vs Satyendra Sahu (Dead) And Others
2021 Latest Caselaw 36 Chatt

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                                                                             NAFR

                 HIGH COURT OF CHHATTISGARH, BILASPUR

                             CRMP No. 910 of 2020

      The State of Chhattisgarh, Through- District Magistrate Balrampur-
       Ramanujganj (C.G.).

                                                                     ---- Petitioner

                                      Versus

     1. Satyendra Sahu (Dead).

     2. Kailash Ram Sahu, S/o Bandhuram Sahu, aged about 47years.

     3. Smt. Sumitra Sahu, W/o.- Kailash Sahu, aged about 45 years.

     4. Smt. Chanchla Sahu, W/o Late Satendra Sahu, aged about 26 years.

       All R/o- Village- Sarna, Police Station- Raghunathnagar, District-
       Balrampur- Ramanujganj (C.G.).

                                                                ---- Respondents

For Petitioner : Mr. Lalit Jangde, Government Advocate.

DB: Hon'ble Shri Justice Manindra Mohan Shrivastava &

Hon'ble Narendra Kumar Vyas

Order on Board

05/04/2021

Per Hon'ble Shri Manindra Mohan Shrivastava J.

1. Heard on prayer for condonation of delay in filing the appeal as well as for grant of leave to appeal.

2. Taking into consideration the period of delay and the cause shown and present is the case arising out of the judgment of acquittal against charges of murder, we are inclined to condoned the delay.

3. Taking into consideration the submission of learned State Counsel that in the incident Ramrati (PW02) has clearly stated that the appellants/ accused persons were found carrying a body and the same was shown near the well where from the

dead body was recovered next day and the accused were taken into custody and their memorandum statements were recorded on the very next day and the recoveries have also been made, we are inclined for grant of leave to appeal. The application for grant of leave to appeal is accordingly allowed.

4. The appeal filed by the State be registered as an acquittal appeal and be listed for further orders.

5. The present CRMP is accordingly disposed off.

                  Sd/-                                              Sd/-

  (Manindra Mohan Shrivastava)                              (Narendra Kumar Vyas)
          Judge                                                     Judge

Amita