Mritunjay Singh vs State Of Chhattisgarh
2022 Latest Caselaw 1248 Chatt

                                   1

                                                                  NAFR

          HIGH COURT OF CHHATTISGARH, BILASPUR

                        CRMP No.415 of 2022

     Mritunjay Singh S/o Vijay Singh, aged about 23 years (At present
     33 years, R/o Pahlejpur, Police Station Gotiya Kothi, District
     Shivan Bihar, Presently R/o Patrapali House of Jaitram Patel,
     Police Station Kotra Road, Tahsil and District Raigarh (CG)

                                                          ---- Petitioner
                                Versus

     State of Chhattisgarh Through the District Magistrate, Raigarh,
     District Raigarh (CG)
                                                       ---- Respondent

For Petitioner:              Mr.Vipin Punjabi, Advocate
For Respondent/State:        Mr.Soumya Rai, Panel Lawyer


             Hon'ble Shri Justice Sanjay K. Agrawal and
                Hon'ble Smt.Justice Rajani Dubey

                             Order on Board
                              (10.3.2022)

Sanjay K. Agrawal, J.

1. Criminal Appeal No.701/2014 preferred by the petitioner herein

was partly allowed by this Court by order dated 22.2.2022 and

judgment of conviction recorded and sentence awarded was

set-aside and the trial Court was directed to supply the

documents and/or afford an opportunity of defence and complete

the evidence of the parties. Thereafter, the petitioner filed an

application for his release before the trial Court, which was

rejected by the trial Court, which has called in question by way of

this petition under Section 482 of the CrPC.

2. We have heard learned counsel appearing for the parties,

considered their rival submissions made herein-above and also

went through the records with utmost circumspection.

3. This Court by order dated 22.2.2022 in Criminal Appeal

No.701/2014 directed as under:-

"12. We are of the view that a grave error has been committed by the learned Sessions Judge. An accused person has an entitlement of a fair trial which is a constitutional right available to him under Article 21 of the Constitution, hence, we are of the view that the conviction against the appellant is technically not sustainable due to the reasons mentioned hereinabove. On the basis of these considerations, the present appeal is allowed. The conviction and sentence against the appellant is set aside. The trial against the appellant stands revived. The case is remanded back to the learned trial court. The trial court is directed to supply the copy of the ballistic report Ex.P-39 to the appellant, either the report Ex.P-39 may be admitted under Section 293 of Cr.P.C. in evidence or if necessary or if demanded by the appellant, the witness concerned may be summoned with respect to the ballistic report Ex.P-39, either for examination and cross-examination. It is further directed that the learned trial court shall after completion of this evidence re- examine the appellant under Section 313 of Cr.P.C. by putting specific questions with

regard to the evidence on Ex.P-39 and afford further opportunity for defence to him. On completion of all these procedure the learned trial court shall decide the case afresh. The acquittal of the co-accused persons by the learned trial court is not interfered with."

4. A careful perusal of the order passed by this Court in Criminal

Appeal No.701/2014 would show that this Court has only

directed for supply of the documents and thereafter recording of

evidence and further directed the trial Court to decide the case

afresh, but no such order for release has been passed.

5. In that view of the matter, by the impugned order, the trial Court

is absolutely justified in rejecting the application. We do not find

any merit in this petition and accordingly it is dismissed.

However, the Registry is directed to send original records to the

trial Court forthwith to comply with the order passed by this Court

in Criminal Appeal No.701/2014 expeditiously.

                 Sd/-                                         Sd/-

           (Sanjay K. Agrawal)                          (Rajani Dubey)
                Judge                                       Judge
B/-