QQmN‘xQwA Mev PuknnoA \m‘ HQMKVQ Q~V§\*v<- kvn b \¢. MWwN x §§1$ t§é§g0uyu~53 “x“ m$»¥;a WW.WW.W Ms Ma my? Single§engh@ 0}”)? LU)? QO' W MMw (n/ raw mfg m” C 0» XI—HC~L2 mm Wm mw WWW Wm‘ WWgR §whnaném g, M2} /// Petvtmn U/s......482" ..... (‘R P L Pwspntnd 0 I§ a // Wlth by Shn ..... @f ‘ca KC law/Adv- It be checked ............................../ HIGH COURT OF CHHATTISGARH ‘. BILASPUR Smgle Bench Hon ble Shn Justice Satlsh K Agmhotn Misc. Crimmal Case No.881 of 2011 Agglicant Narayan Sanyai Versus State of Chha§tisgarh (Application under Section 439 of the Cr.P.C.) Present :— Shri Awadh Tripathi, Advocates for the applicant Non-Agglicam Shri V.V.S. Murhty, Dy. Advocate General with Shri Shashank Thakur, Panel Lawyer for the State. Criminal Misc. Petition No.407 of 2011 ?ii Office reference Vs. State of Chhattisgarh Present :— This is an office reference. Shri V.V.S. Murhty, Dy. Advocate General with Shri Shashank Thakur, Panel Lawyer for the State. And \ Criminal Misc. Petition No.522 of 2011 Office reference Vs. State of Chhattisgarh Present :- This is an office reference. Shri V.V.S. Murhty, Dy. Advocate General with Shri Shashan Thakur, Panel Lawyer for the State. ORDER tORAL) (Passed on this 25 day of August, 201 1) M (‘Lr C.No.881 of 2011 1. The applicant has filed this fourth bail application under Section 439 of the Code of Criminal Procedure for grant of regular bail, who has k been arrested in connection with Crime No.9/2005 registered at Police Station Konta, Tahsil Sukma, District Dantewada for the offences punishable under Sections 147. 148, 302, 120-B read with Section 149 of the Indian Penal Code and under Sections 25 & 27 of the Arms Act. Case of the prosecution, in brief, is that on 19-4-2005 at about 11.30 am. some naxalites have committed the murder of Janpad Chairman namely; Hunga Ram Markam (since deceased). The allegation is that the applicant and others called the deceased, but the deceased did not pay any attention towards the said call. Looking to the said attitude of the deceased, the accused persons including the present applicant hatched up a conspiracy and thereafter, committed the murder of the deceased. During the course of investigation, on the basis of suspicion and on the basis of statements of Podiam Joga and Podium Tula, the applicant was arrested by the Police from Badrachalam (Andhra Pradesh). 3. Learned counsel appearing for the applicant submit that the applicant is aged about 74 years, he is suffering from several diseases and requires proper medical assistance. Learned counsel further submit. the conclusion of the trial would take some more time, therefore, the applicant may be extended the benefit of Section 439 of the Cr.P.C. and he may be released on regular bail. 4. On the other hand learned counsel appearing for the State opposed the bail application. i have heard learned counsel appearing for the parties. 6. It is informed, while requesting for extension of time for conclusion of trial, by the learned trial Judge, that on 19-7-2011 warrant was issued in respect of the prosecution witnesses namely; Assistant Sub Inspector Vijendra Ram Yadav, Abdul Mazid and Kawasi Masa A X. Gowri through the Inspector General of Police for examining them today Le. on 25-8-201 1‘ There is no reason to opine that the Inspector General of Police or the Superintendent of Police would not produce the abovestated witnesses for examination today. In the event the witnesses are not produced, the Inspector General of Police, Bastar Range, is directed to execute the warrant and produce the abovestated witnesses on 6m September, 2011 for examination. Thereafter, as requested by the learned trial Judge, two months time is granted to conclude the trial. In view of the abovestated developments, without expressing any opinion on ‘the merits of the case, the bail application i.e. M.Cr.C.No.881 of 2011 is rejected. However, liberty is reserved to the applicant to file a fresh bail application, if the trial is not concluded within the stipulated period. In view of the Order passed in M.Cr.C.No.881 of 2011, Cr.M.P.Nos.407 & 522 of 2011 stand disposed of. Sd/- Satish K.Agnihotri Judge