ASHISH SHAH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The applicant has filed this application under Sec. 438 of the Cr.P.C as he is apprehending his arrest in connection with Crime No.258/2021 registered at Police Station - City Kotwali, Raipur, Chhattisgarh for the offence punishable under Ss. 409 and 420 of IPC in which an application for grant of ad interim bail has also been filed.

(2.) Counsel has earlier filed an application under Sec. 438 Cr.P.C. before the 11th Additional Sessions Judge, Raipur as on that date the case diary was not available and it was informed to the Court that case diary was sent for hearing on application of the co-accused persons which is listed on 24/2/2022 so in view of that counsel for the applicant did not press the bail application and the said application was dismissed as withdrawn.

(3.) Counsel for the Objector raised a preliminary issue about the maintainability of the bail application and has drawn attention of this Court as the dictum as laid down by the Division Bench in the matter of Hareram Sharma Vs. State of Chhattisgarh, through Superintendent of Police 2021 1 CGLJ (SN 15) 47 in such judgments in Paras 16 to 18 it was already held that :-