Bhima Potam vs State Of Chhattisgarh
2022 Latest Caselaw 217 Chatt

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                                                                           NAFR
                  HIGH COURT OF CHHATTISGARH, BILASPUR
                            Criminal Appeal No. 407 of 2021
   1. Bhima Potam S/o Budharu Potam Aged about 23 years, R/o Village Kursoli
      Patelpara, P.S. Gangalur District Bijapur (C.G.)
   2. Aayatu Atara S/o. Mangalram Atara aged about 25 years, R/o Village
      Hurrepal Punempara P.S. Mirtur District Bijapur (C.G.)
   3. Lachchhi Atara W/o. Aayatu Atara aged about 33 years R/o. Village Hurrepal
      Punempara P.S. Mirtur District Bijapur (C.G.)
                                                                 ---- Appellants
                                     Versus
      State of Chhattisgarh, Through : Police Station Bhanshi District Dantewada
       (C.G.)
                                                           ---- Respondent/State

For Appellants : Shri Pravin Kumar Tulsyan, Advocate For Respondent/State : Shri C.B. Kesharwani, Panel Lawyer

And

Criminal Appeal No. 703 of 2021

1. Bhima Potam S/o- Budharu Potam, aged 23 years R/o- Village Kursoli Patelpara, P.S. Gangaloor, District Bijapur (C.G.)

2. Aayatu Atara S/o Mangalram Atara, aged 25 years, R/o- Gram-Hurrepal, Punempara, P.S. Mirtoor, District Bijapur (C.G.)

3. Lakshi Atara S/o- Aayatu Atara aged 33 years R/o- Gram- Hurrepal, Punempara P.S. Mirtoor, District Bijapur (C.G.)

---- Appellants Versus  State of Chhattisgarh: Through Police Station-Bhansi, District Dantewada (C.G.)

---- Respondent/State

For Appellants : Shri Azad Siddiqui, Advocate For Respondent/State : Shri C.B. Kesharwani, Panel Lawyer

Hon'ble Shri Justice Gautam Chourdiya, J

Order on Board 12.01.2022

1. Both the appeals i.e. Cr.A. No. 407 of 2021 and Cr.A. No. 703 of 2021 are

arising out of the same judgment of conviction and order of sentence dated

10.03.2021 passed by the Sessions Judge, South Bastar Dantewada (C.G.)

in Sessions Trial No. 146/2019. Previously appeal i.e. 407 of 2021 has been

preferred by appellant through his counsel Shri Pravin Kumar Tulsyan

whereas subsequent appeal i.e. Cr.A. No. 703 of 2021 was filed by the

appellant through Chhattisgarh High Court Legal Services Committee,

Bilaspur which has appointed Shri Azad Siddiqui as his counsel. Since two

appeals against the same judgment of conviction and order of sentence are

not maintainable, Shri Azad Siddiqui, Advocate appearing on behalf of the

appellants, seeks to withdraw Cr.A. No. 703 of 2021.

2. Accordingly, Cr.A. No. 703 of 2021 is dismissed as withdrawn.

3. Registry is directed to publish the name of Shri Azad Siddiqui, Advocate in

the cause-list alongwith Shri Pravin Kumar Tulsyan, Advocate in Cr.A. No.

407/2021.

4. Post the Cr.A. No. 407 of 2021 for final hearing in due course.

Sd/-

(Gautam Chourdiya) Judge

vatti