ISHWAR LAL NETAM Vs. STATE OF CG

JUDGEMENT

(1.) ACCUSED Ishwar Lal Netam was arrested by the concerned police on 3/07/2012 for being allegedly involved in misappropriation of 137 quintals of rice and 78.1 quintals of wheat which was allotted to Maa Annapurna Primary Cooperative Consumer Store, Paras Nagar, Raipur for distribution amongst ration card holders. His bail application under Section 439 Cr.P.C. was dismissed by the First Additional Sessions Judge, Raipur on 17/07/2012. He thereafter moved an application under Section 439 Cr.P.C. before this court on 23/07/2012 bearing M.Cr.C. No.2860/2012 duly supported by affidavit of his son Bunty Netam aged 27 years.

(2.) WHEN the said bail application was pending before this court, the applicant preferred another bail application before First A.S.J. on 3/09/2012 which was supported with an affidavit of his another son Narendra Netam. In this application and affidavit it was stated by the said Narendra Netam that no other application of this nature is pending before any sessions court or before High Court of Chattisgarh nor has been decided by this court.

(3.) ON 14/09/2012 learned counsel for the applicant wanted to withdraw the bail application on the ground that since the applicant has already been released on bail M.Cr.C. No.2860/2012 has been rendered infructuous. This court summoned a report from the concerned court which is available in the record.