Dismissed

Onkar Khatri v. State of Chhattisgarh

Chhattisgarh HC7 Jan 2021MCRC/7874/2020

Case brief

AI extract

What is this about?

The High Court dismissed two bail applications filed under Section 439 Cr.P.C. as not maintainable because the applicants were already granted anticipatory bail pending the filing of a charge sheet, which had not been filed at the time of the applications.

What did the court decide?

Both bail applications dismissed as not maintainable; liberty reserved to move again at appropriate stage.

Onkar Khatri Vs State of Chhattisgarh — Contract and Commercial Disputes | Chhattisgarh HC (2021)

¶1

¶2

MCRC No. 7397 of 2020 & MCRC No. 7874 of 2020

¶3

NAFR

¶4

HIGH COURT OF CHHATTISGARH, BILASPUR

¶5

MCRC No. 7397 of 2020

¶6

Vijay Khatri S/o Lunkaran Khatri Aged About 41 Years R/o Lormi, Police Station Lormi, District Mungeli Chhattisgarh

¶7

---- Applicant

¶8

Versus

¶9

The State Of Chhattisgarh Through Station House Officer R/o Lormi, Police Station Lormi, District Mungeli, Chhattisgarh

¶10

---- Respondent

¶11

MCRC No. 7874 of 2020

¶12

Onkar Khatri S/o Shobharam Khatri Aged About 58 Years R/o Lormi, Police Station And Tehsil Lormi, (District Bilaspur ) Now District Mungeli Chhattisgarh

¶13

---- Applicant

¶14

Versus

¶15

State Of Chhattisgarh Through District Magistrate, Mungeli (Station House Officer Police Station Lormi) Chhattisgarh

¶16

---- Respondent

¶17

For Applicant in MCRC No.7397/2020:- Mr. Amit Kumar, Adv. For Applicant in MCRC No.7874/2020:- Mr. R.S. Marhas & Ms. Anubhuti Marhas,Adv For Respondent-State :- Mr. Alok Nigam, G.A.

¶18

Hon'ble Shri Justice Prashant Kumar Mishra Order On Board

¶19

07/01/2021

¶20

Since both the bail applications are arising out of same crime number, they are being heard and decided by this common order.

¶21

¶22

MCRC No. 7397 of 2020 & MCRC No. 7874 of 2020

¶23

These are the applications filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicants, who have been arrested in connection with Crime No.124 of 2004, registered at Police Station Lormi, District Mungeli for the offence punishable under Sections 406, 409, 420, 467, 471, 120-B of the IPC and Section 3/7 of Essential Commodities Act, 1955.

¶24

In view of the order passed by this Court dated 20.07.2009 in MCRCA No.105/2009 allowing anticipatory bail to the applicants, till filing of the charge sheet and for the fact that as on date, charge sheet has not been filed, the present bail applications filed under Section 439 Cr.P.C. are not maintainable.

¶25

Accordingly, both the bail applications are dismissed as not maintainable, however, liberty is reserved in favour of the applicants to move again at an appropriate stage.

¶26

SD/( Prashant Kumar Mishra ) Judge

¶27

Ayushi

Onkar Khatri v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Onkar Khatri v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Bhola Baghel Vs State of Chhattisgarh

Sudama Porte Vs State of Chhattisgarh

Vicky Das Vs State of Chhattisgarh

Sameer Das Vs the State of Chhattisgarh

Premchand Jaiswal Vs State of Chhattisgarh

Shrikant Kumar Kadaraka Vs State of Chhattisgarh