[Cites 10, Cited by 0]
Chattisgarh High Court
Akbar Khan vs State Of Chhattisgarh on 13 April, 2026
1
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 1603 of 2026
Akbar Khan Versus State of Chhattisgarh
MCRC/2344/2026, MCRC/2495/2026 and MCRC/1678/2026
Order Sheet
13/04/2026 Shri Manoj Paranjpe, Senior Advocate assisted by
Mr. Anshul Tiwari, learned counsel for the applicant in
MCRC No. 1603/2026, Mr. Rahul Goswami, learned
counsel for the applicant in MCRC No. 1678/2026,
Ms.M.Asha, learned counsel for the applicant in MCRC
No.2344/2026 and Mr. Ranbir Singh Marhas with Ms.
Shriya Jaiswal, learned counsel for the applicant in
MCRC No. 2495/2026 and Dr. Saurabh Kumar Pande,
learned Deputy Advocate General along with Mr.Nitansh
ROHIT
KUMAR
CHANDRA Jaiswal, learned Deputy Government Advocate,
Digitally signed
by ROHIT
KUMAR
appearing for the State/respondent as well as Mr.
CHANDRA
Umakant Singh Chandel along with Shri Siddhant
Tiwari, learned counsel, appearing for the complainant,
are present.
It transpires from the record that one of the co-
accused, who was a juvenile, has preferred a Criminal
Revision under Section 102 of the Juvenile Justice
(Care and Protection of Children) Act, 2015 before this
Court for his release, as he was arrested on 29.10.2025
and detained in the Observation Home in Bilaspur in
connection with Crime No. 736/2025 registered at
Police Station, Masturi, District Bilaspur for punishable
under Section 109, 61(2), 3(5) of BNS and Sections 25
& 27 of the Arms Act, being aggrieved by the impugned
order dated 31.12.2025 passed by the Additional
Sessions Judge (FTC) / Children Court, Bilaspur in
Criminal Appeal No. 323/2025, upholding the order
dated 09.12.2025 passed by the learned Principal
Judge, Juvenile Justice Board, Bilaspur (C.G.) whereby
the application filed u/s 12 of the Juvenile Justice Act
was rejected and the said Criminal Revision has been
registered as CRR No. 75/2026, which came up for
hearing before a Co-ordinate Bench and the said
revision was dismissed by the said Bench vide order
dated 03.02.2026. Thereafter, another Bail Application
filed under Section 483 of BNSS, 2023 by one of the co-
accused Akbar Khan, who was arrested in connection
with the same crime number, registered as MCRC No.
1603/2026 (Akbar Khan vs. State of Chhattisgarh ),
which came up before the same Bench, which has
rejected CRR No. 75/2026 on 13.02.2026 and on the
said date, the said Bail Application was admitted and
the case diary was called for and the matter was
directed to be listed on 23.02.2026. On 23.02.2026, as
another Bail Application filed by another co-accused
Mohammad Matin, who was arrested in connection with
same crime number, being MCRC No. 1678/2026
(Mohammad Matin vs. State of Chhattisgarh ), has been
listed before the same Bench, both the cases were
directed to be listed by the said Bench on 03.03.2026
and on 03.03.2026, when both MCRC No.1603/2026
and MCRC No. 1678/2026 were again listed before the
said Bench, they were directed to be listed on
16.03.2026 and again on 16.03.2026, both the said
MCRCs were directed to be listed on 17.03.2026 by the
said Bench.
In the meantime, when another Bail Application
filed by another co-accused Mohammad Mustkin @
Nafis, who was arrested in connection with same crime
number, being MCRC No.2344/2026 (Mohammad
Mustkin @ Nafis vs. State of Chhattisgarh) was listed
before this Bench on 12.03.2026, the following order
was passed by this Bench :
"Heard Ms. M. Asha, learned counsel for
the applicant. Also heard Mr. Sourabh K.
Pande, learned Deputy Government Advocate
appearing for the respondent/State, and Mr.
Umakant Singh Chandel, learned counsel for
the Objector.
Learned counsel for the parties submitted
that the co-accused had also preferred a
Criminal Revision bearing CRR No. 75 of 2026,
which was already decided in the Court of
Hon'ble Shri Justice x x x on 03.02.2026, and
two more cases are also pending before the
said Bench bearing MCRC No.1603/2026 and
1678/2026.
The propriety demands that the matter be
sent to the Court of Hon'ble Shri Justice x x x,
after nomination by Hon'ble the Chief Justice."
On 17.03.2026, when along with both these two
Bail Applications i.e. MCRC No.1603/2026 and MCRC
No. 1678/2026 another Bail Application filed by one
another co-accused, who was arrested in connection
with same crime number, namely Devesh Suman @
Nikku, registered as MCRC No. 2495/2026 (Devesh
Suman @ Nikku vs. State of Chhattisgarh) was listed
before the said co-ordinate Bench, the said co-ordinate
Bench recused to hear all the said three Bail
Applications, being an exception to it because
Mr.Ranbir Singh Marhas and his associates have filed
their vakalatnama in MCRC No. 2495/2026 (Devesh
Suman @ Nikku vs. State of Chhattisgarh) and as some
of them are an exception to the said Bench.
In pursuance of the order dated 12.03.2026
passed by this Bench, when the Registrar (Judicial) has
placed the matter before Hon'ble the Chief Justice on
23.03.2026, on administrative side, seeking a direction
for listing of MCRC No. 2344/2026 (Mohammad
Mustkin @ Nafis vs. State of Chhattisgarh) before
appropriate Bench, as the connected matters arising out
of same crime number i.e. MCRC No. 2495/2026,
MCRC No. 1678/2026 and MCRC No. 1603/2026 are
an exception to the Bench, who has passed order in
CRR No. 75/2026 as per Court's order dated
17.03.2026 passed in said cases, all these matters
were directed by Hon'ble the Chief Justice to be listed
before this Bench till its disposal.
Today, when these four matters are listed before
this Bench and when a query is being made from the
counsel for the parties as to why the matters have been
made an exception by the Judge, who has passed the
order dated 03.02.2026 in CRR No. 75/2026, then it
transpires from the record that because Shri Ranbir
Singh Marhas has filed his Vakalatnama in MCRC No.
2495/2026 along with other counsels and cases of
some of those counsels are an exception to the Hon'ble
Judge, who has decided the said revision petition, as
such, an exception has been made by the said Judge
to hear the said matters.
From the above fact, it is apparent that it is a clear
case of bench hunting, which cannot be encouraged or
appreciated by this Court and on a pointed query being
made from counsel Shri Ranbir Singh Marhas in this
regard, he could not give the suitable reply, as such, the
conduct of the co-accused Devesh Suman @ Nikku,
who has filed MCRC No. 2495/2026 (Devesh Suman @
Nikku vs. State of Chhattisgarh) in order to make the
said case an exception from the said Bench who has
dismissed the CRR No. 75/2026 filed by the Juvenile, is
highly deprecated.
In view of the act and conduct of the accused
Devesh Suman @ Nikku, who has filed MCRC No.
2495/2026 to avoid the Bench, which has rejected CRR
No. 75/2026 filed by the Juvenile has to be condemned
in strict terms and cannot be pardoned at all.
In view of the same, let MCRC No. 1603/2026
MCRC No. 1678/2026 and MCRC No. 2344/2026 be
placed once again before Hon'ble the Chief Justice for
nomination except MCRC No. 2495/2026 on
administrative side to be listed before the Bench, which
has rejected the CRR No. 75/2026 and MCRC No.
2495/2026 be listed before this Bench after disposal of
the said three Bail Applications by the said co-ordinate
Bench. Registrar (Judicial) shall do the needful
forthwith.
However, it shall be open to Mr. Ranbir Singh
Marhas and other counsels, whose cases are an
exception to the concerned Bench, to withdraw their
vakalatnama in MCRC No. 2495/2026, if they so wish/
desire. In the event of such withdrawal, MCRC No.
2495/2026 shall also be listed before the said Bench.
Sd/-
(Ramesh Sinha)
Chief Justice
Gouri / Chandra
