Citation : 2022 Latest Caselaw 52 Chatt
Judgement Date : 4 January, 2022
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
CRMP No. 1536 of 2021
State Of Chhattisgarh Through Police Staton Bayanar, District : Kondagaon,
Chhattisgarh ---- Petitioner
Versus
Anil @ Rasul Sori S/o Shri Panara @ Jalaya @ Sukalu Sori, Aged About 42
Years R/o Ghodagaon, Police Station Bayanar, District : Kondagaon,
Chhattisgarh ---- Respondent
__________________________________________________________________
For State : Mr. Devesh Chandra Verma, G.A.
DB : Hon'ble Shri Justice Rajendra Chandra Singh Samant Hon'ble Shri Justice Arvind Singh Chandel Order on Board 04/01/2022
1. Heard on prayer for grant of leave to appeal.
2. Learned State counsel submits that the judgment of acquittal dated 17.09.2021 passed in Special Case (NIA) No.58 of 2021 acquitting the respondent from all the charges is totally erroneous and against the evidence present in the case. The key witness of the case is Rajani Bai (PW-3) who is eyewitness, who has clearly made statement against the respondent mentioning that he was the person who abducted her husband and also looted the household articles from her house and subsequently her husband was found dead. Another witness Meghnath Shori (PW-4) has supported her version and statement, therefore, the acquittal of the respondent in presence of such evidence is totally erroneous, hence, leave be granted for filing the acquittal appeal.
3. Considered on the submission and perused the documents present in the record. After perusing the depositions of Rajani Bai (PW-3) and Meghnath Shori (PW-4), we are of the opinion that this application deserves to be allowed. The application is accordingly allowed and leave is granted to file appeal.
4. Let 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 of.
Sd/- Sd/-
(R.C.S. Samant) (Arvind Singh Chandel)
Judge Judge
Ravi
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