Shahbaz Ahmed Seikh vs State Of Chhattisgarh
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Chattisgarh High Court

Shahbaz Ahmed Seikh vs State Of Chhattisgarh on 29 January, 2025

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             HIGH COURT OF CHHATTISGARH AT BILASPUR


                           CRA No. 217 of 2022


      SHAHBAZ AHMED SEIKH versus STATE OF CHHATTISGARH



                                 Order Sheet



29/01/2025         Heard Mr. Rajvardhan Singh, along with Ms. Bulbul

             Agrawal, learned counsel for the appellant. Also heard Mr. S. S.

             Baghel, learned Dy. Govt. Advocate, appearing for the

             respondent/State.

On 29.08.2024 when it transpires from the impugned

judgment dated 12.11.2021 passed by learned trial Court that the

co-accused Ajay Singh Baghel did not surrender and

absconding, a permanent warrant of arrest was issued by the

learned trial Court on 04.12.2020 and trial of the co-accused was

separated then the Director General of Police was directed to

show cause as to why the permanent warrant issued by the

Court on 04.01.2020 against the co-accused Ajay Singh Baghel

has not been complied with and to file his personal affidavit

apprising this Court what steps have been taken by him for

arresting of the said co-accused.

On 09.09.2024 the Director General of Police has filed his

affidavit in the case and it further transpires that some of the

accused persons after being released on short-term bail/parole

has not yet surrendered after expiry of his parole, the Director

General of Police was further directed to provide a list of such

accused person in the State of Chhattisgarh who have been

released on short-term bail/parole etc. and have not yet

surrendered before the trial Court after their release, if any.

On 30.09.2024 the Director General of Police,

Chhattisgarh has filed his affidavit and submitted the list of the

accused persons who have been not surrendered before the

concerned trial Court after expiry of the period of their short-term

bail/parole and the details of the action/efforts made by police for

arresting them and intimated that total 37 accused persons have

been released, out of them 8 accused persons have been

arrested, 1 accused has died and the Police officials are making

their efforts for arresting the remaining 28 accused persons. It is

also there in his affidavit that in all has under trial and after the

conviction, total 83 accused persons who were released on

short-term bail/parole and have not surrendered or absconded till

date and then the Director General of Police, Chhattisgarh has

further directed to monitor the situation and to made efforts for

their arrest and to file afresh affidavit.

Again on 18.11.2024, the Director General of Police,

Chhattisgarh has filed his affidavit and submitted that out of 83

accused persons 10 have been arrested, 3 accused persons

have been died and 70 accused persons are still absconding

and they are making their sincere efforts to get them arrested.

The Director General of Police, Chhattisgarh was further directed

to file afresh report regarding their efforts made for arresting the

absconding accused persons.

On 12.12.2024, an affidavit filed by the Director General of

Police, Chhattisgarh it has been informed that the total 63

accused persons are still absconding after releasing them on

short-term bail/parole. When the Director General of Police,

Chhattisgarh again filed his another affidavit on 27.01.2025 with

the following contents:

1. That, the present affidavit is being filed in compliance of the order dated 12/12/2024 passed by the Hon'ble Court.

2 That, in the matter, in compliance of the order dated 18/11/2024, an affidavit has been filed by the deponent.

3 That, subsequent to filing of the aforesaid affidavit, the present case was again listed before the Hon'ble Court for further hearing on 12/12/2024 and after going through the affidavit filed by the deponent in compliance of the order dated 18/11/2024, observing that 63 accused persons are still absconding after being released on short term bail/ parole and efforts are being made to get them arrested, vide order dated 12/12/2024,

the Hon'ble Court was again pleased to direct the Director General of Police, Police Headquarters Chhattisgarh, Raipur / deponent herein to file further affidavit with respect to the progress made by him for arrest of remaining accused who are still absconding.

4. That, in compliance of the order dated 12/12/2024 passed by this Hon'ble Court, the deponent respectfully submits that in earlier affidavit, it has been submitted that to comply with the order passed by the Hon'ble Court, the deponent, after receipt of the order as well as communication from the office of the Advocate General, Bilaspur requesting to comply with the order of the Hon ble Court, has immediately acted upon it and in continuation of the same wrote a letter dated 24/12/2024 to all Range Inspector General of Police Chhattisgarh and the Superintendent of Police of Districts Raipur Mahasamund. Gariyaband, Durg, Bemetara Balod Bilaspur Janjgir Champa Korba, Sarangarh Raigarh.

Sakti Surguja, Jashpur, Surajpur, Balrampur, Jagdalpur, Kondagaon, Dantewada and Bijapur respectively directed them to supply the information about the further steps / efforts made for arrest of the absconded accused in Proforma -B by 10/01/2025 alongwith hard and soft copy thereof through the mail i.e. [email protected] / vidhansabha cid [email protected], by sending the list of names of remaining accused to be arrested and copy of the order dated 12/12/2024 Copy of the letter dated 24/12/2024 is being filed herewith as Annexure D/6.

5. It is respectfully submitted that the said communication was followed by another communication dated 15/01/2025 directing them to supply / provide the information regarding further steps / efforts made for arrest of the remaining accused by 19/01/2025 Copy of

the letter dated 15/01/2025 is being filed herewith as Annexure D/7.

6. It is respectfully submitted that before 12/12/2024, total 22 accused, who have been released on short term bail and have not yet surrendered before the concerned Trial Court after their release. were absconded and not arrested despite best sincere and diligent efforts by the Police Officials It is submitted that as per the information received from 9 districts, 3 accused have been arrested and produced before the concerned Trial Court. The said 3 accused are from Garnyaband, Durg and Jashpur District respectively and 19 accused only remain for arrest and to arrest them the concerned Police Officials are making their best and sincere efforts To demonstrate this fact, copy of the chart is being filed herewith as Annexure D/8.

7. It is respectfully submitted that further information has been received from 5 Circle Jails of State and according to which, before 12/12/2024 there were 41 accused remained for arrest out of which 7 accused have been arrested and sent them behind the Bar and there are 34 accused remained for arrest. To demonstrate this fact copy of the chart is being fled herewith as Annexure D/9.

8. That, the deponent humbly submits that, the concerned Police Force are making their all sincere and possible efforts for arresting the said accused persons and as soon as the said accused persons are arrested, they would be produced."

The affidavit filed by the Director General of Police,

Chhattisgarh by regular intervals and the latest affidavit dated

27.01.2025 goes to show that earlier there were 83 accused

persons absconding presently 63 accused persons are still

absconding, therefore, the situation needs regular monitoring.

The Registrar (Judicial) is directed to register separate PIL

on the issue which is involving in the present case with respect

to the efforts made by the Police Authorities to arrest the

absconding accused persons who were released on short-term

bail/parole and placed a copy of this order in the said PIL which

have been passed by this Court time and again and along with

the affidavit of Director General of Police, Chhattisgarh shall be

made a part of the said PIL.

The Director General of Police, Chhattisgarh is further

directed to file fresh affidavit regarding the status of the 63

accused persons who are still absconding as to whether they

have been arrested or not. The same shall be filed in the PIL

which is to be registered separately.

The present appeal has been heard finally and disposed

of and judgment dictated separately.

The PIL be listed on 18th of March, 2025.

                                     Sd/-                               Sd/-
                        (Ravindra Kumar Agrawal)                (Ramesh Sinha)
                                 Judge                           Chief Justice



         Digitally
         signed by
         ALOK
ALOK     SHARMA
SHARMA   Date:
         2025.01.31
         16:22:10
         +0530


    Alok