KARAN SINGH Vs. STATE OF CHHATTISGARH
LAWS(CHH)-2003-3-12
HIGH COURT OF CHHATTISGARH
Decided on March 10,2003

KARAN SINGH Appellant
VERSUS
STATE OF CHHATTISGARH Respondents

JUDGEMENT

K.H.N. Kuranga, C.J. - (1.)HEARD both the counsel.
This is the second petition filed by applicant -Karan Singh under Section 439 of Cr.P.C. for grant of bail. The first petition was dismissed as withdrawn with liberty to pursue the remedy open to him in law.

(2.)IT is submitted that the trial has started and two Panch witnesses namely Mohammed Gous and Shankar have been examined, as PW -2 and PW -3 and they have turned hostile. Therefore, this second petition has been filed by the applicant. Counsel appearing for the applicant has produced Certified copies of the depositions of PW -2 Mohammed Gous and PW -3 Shankar. They have turned hostile which is not disputed by he learned counsel appearing for the State.
(3.)LEARNED counsel appearing for the applicant submitted that the Police received the information on 05/08 -2002 at 5.30 P.M. that the applicant was in possession of Ganja and they seized 1 Kilo 450 grams of Ganja at 8.55 P.M. Earlier to that at 8.30 P.M. the weighment Panchnama was prepared in which it is shown that the weight of the Ganja was 1 Kilo 450 grams. But he submitted that in the seizure Panchanama it is not stated that the earlier to the seizure the Ganja was weighed.
Having regard to the facts and circumstances of the case and the fact that the two Panch witnesses have turned hostile before the Court I am of the opinion that it is a fit case to admit the applicant to bail. Accordingly, the petition is allowed and applicant - Karan Singh is directed to be released on ban on his executing a bond in the sum of Rs.5000/ - with two sureties for the like sum to the satisfaction of the trial Court for his appearance before the said Court.

In view of this order, the application (I.A.No.550 of 2003) stands disposed of. Parties are entitled for certified copy of this order.



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