The High Court dismissed an appeal for bail under the NIA Act as having become infructuous because the trial court had already acquitted the appellants in the underlying special case.
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2024:CGHC:42876-DB
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
CRA No. 950 of 2024
1 - Paddam Raju S/o Lakhmu Aged About 21 Years R/o Village - Korsaguda, Police Station - Tarrem, District - Bijapur, Chhattisgarh.
2 - Paddam Vimlesh S/o Paddam Budhram Aged About 19 Years R/o Village - Korsaguda, Police Station - Tarrem, District - Bijapur, Chhattisgarh.
... Appellants
Versus
State of Chhattisgarh Through - Station House OfÏcer, Police Station - Basaguda, District - Bijapur, Chhattisgarh.
... Respondent
For Appellants : Mr. Galib Dwivedi, Advocate. For Respondent/ State : Mr. R.K.Gupta, Additional Advocate General
Hon’ble Mr. Ramesh Sinha, Chief Justice
Hon’ble Mr. Bibhu Datta Guru, Judge
Judgment on Board
Per Ramesh Sinha, Chief Justice
05/11/2024
1. By this appeal under Section 21(4) of the National Investigation Agency Act, 2008, the appellants, who have been arrested on 30.04.2023 by the police
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of Police Station, Basaguda, District Bijapur, in connection with Crime No. 2/2023 for the offences punishable under Sections 8(1)(3)(5) of the Chhattisgarh Vishesh Jan Suraksha Act, 2005 and Section 10 and 13(1)(2) of the Unlawful Activities (Prevention) Act, 1967, pray for grant of bail to them.
2 . At the outset, Mr. Galib Dwivedi, learned counsel for the appellants submits that the trial has been concluded and the appellants have been acquitted of the charges and as such, nothing survives in this appeal for adjudication.
3 . Mr. Galib has produced a copy of the order dated 19.09.2024 passed in Special Case No. 28/2023 by the Special Judge, NIA Act/Scheduled Offence, Revenue District Sukma and Bijapur, Dakshin Bastar, Dantewada by which the appellants have been acquitted. The same is taken on record.
4 . Mr. R.K.Gupta, learned Additional Advocate General appearing for the State/respondent does not controvert the above submission.
5 . In view of the above, this appeal is dismissed as having become infructuous.
Sd/(Bibhu Datta Guru) JUDGE
Sd/-
(Ramesh Sinha)
CHIEF JUSTICE
Amit
AMIT KUMAR DUBEY Digitally signed by AMIT KUMAR DUBEY Date: 2024.11.05 19:46:04 +0530
1 issue framed by the court
Whether the appeal for grant of bail under Section 21(4) of the National Investigation Agency Act, 2008 requires adjudication when the trial court has already acquitted the appellants.
3 provisions across 3 enactments
Paddam Raju
Paddam Vimlesh
State of Chhattisgarh
Ramesh Sinha
Bibhu Datta Guru
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
