Shyam Yadav vs State Of Chhattisgarh
2025 Latest Caselaw 3454 Chatt

Chattisgarh High Court

Shyam Yadav vs State Of Chhattisgarh on 2 April, 2025

                                                                              2025:CGHC:15544

                                                                                                   NAFR
                HIGH COURT OF CHHATTISGARH AT BILASPUR

                                          CRA No. 595 of 2025

Shyam Yadav S/o Shri Gautam Yadav Aged About 25 Years R/o Village Nakbar,
Marchaidhodhi, P.S.- Kansabel, Distt.- Jashpur (C.G.)
                                                         ... Appellant

                                                    versus

State Of Chhattisgarh Through- Police Station- Kansabel, Distt.- Jashpur (C.G.)
                                                                    ---- Respondent
                                       (Cause title is taken from the CIS)
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For Appellant : Shri Syed Ishhadil Ali, Advocate For Respondent/State : Ms Pragya Shrivastava, Dy GA

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Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 02.04.2025

1. At the outset, learned counsel for the appellant would submit that in view

of the judgment dated 12.04.2023, passed by the Hon'ble Division Bench of

this Court in the matter of Dushyant Pandey Vs State of Chhattisgarh in

CRA-1797 of 2022, prays for withdrawal of the present appeal with liberty to

take recourse to law, available to him.

2. Paragraph 31.1 of the said judgment is reproduced hereunder for ready

reference:

"31.1 Once an appeal under Section 14A of the POA act against

the order passed by the Special Court rejecting the application Cra 595 of 2025

under Section 439 of the CrPC is decided on merits or otherwise

by this Court, subsequent appeal under change of circumstances

would not be directly maintainable under Section 14A of the POA

Act before this Court even on change of circumstances and

remedy to the accused, if any, is to file an application before the

Special Court for grant of bail."

3. Learned counsel for the State has no objection to the preposition made

by the learned counsel for the appellant.

4. On the submissions made by the learned counsel for the parties, and

also in view of the aforementioned judgment, appellant is permitted to

withdraw the present appeal with liberty as prayed for.

5. Accordingly, appeal is dismissed as withdrawn with the liberty as prayed

for.

Sd/-

(Ravindra Kumar Agrawal) JUDGE

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