LAWS(CHH)-2023-10-6

RAM LAKHAN KAIWART Vs. STATE OF CHHATTISGARH

Decided On October 13, 2023
Ram Lakhan Kaiwart Appellant
V/S
STATE OF CHHATTISGARH Respondents

JUDGEMENT

(1.) The appellant has earlier filed CRA No. 1097 of 2023 under Sec. 21(4) of the National Investigation Agency Act, 2008 against the order dtd. 8/5/2023 passed by the Special Judge (NIA Act), Bilaspur, Chhattisgarh in Special NIA Case No. 01/2023 by which the appellant's application under Sec. 439 of the Cr.P.C. seeking bail for the offences under Ss. 489-B, 489-C, 34 of the IPC has been rejected finding no merit. The said appeal came to be dismissed on 14/7/2023. Hence, the appellant has filed the instant appeal.

(2.) Mr. Achyut Tiwari, learned counsel for the appellant submits that after rejection of CRA No. 1097/2023 all the independent witnesses of the prosecution have turned hostile before the trial Court and have not supported the case of prosecution. They were the witnesses of all panchnama, seizure, memorandum etc. and they have denied all the documents and the procedures. He further submits that the appellant is in jail since 19/2/2023 and it will take sufficient time for trial to be concluded, so looking to the detention period of the appellant, he may be granted bail.

(3.) On the other hand, Mr. Avinash Singh, learned Panel Lawyer, appearing for the State/respondent opposes this appeal and submits that the charges levelled against the appellant are very serious in nature relating to an offence possessing counterfeit currency notes. The trial is also under progress.