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2025 DAILYLAW 23948 (CHH)

SAMADHAN KHALVE v. STATE OF CHHATTISGARH

CRMP/1728/2025 · 2025-06-15

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Judgment text

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1 2025:CGHC:24715 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 1728 of 2025 1 - Samadhan Khalve S/o Arjun Chagannath Khalve Aged About 24 Years R/o Shankar Maharaj Basahat Satara Road Shambhajinagar Dhankadwadi, P.S. Sahkar Nagar District Pune, Maharashtra 2 - Jatin Bole S/o Madhukar Bole Aged About 24 Years R/o Shankar Maharaj Basahat Mahalakshmi Store Jawal Dhankadwadi, P.S. Sahkar Nagar District Pune Maharashtra 3 - Mahadev Bariha S/o Vinod Bariha Aged About 28 Years R/o Badesh Pali P. S. Melchamuda Sahla District Bargad, Odisha ...Petitioners versus State Of Chhattisgarh Through Station House Officer, Mandir Hasaud, District Raipur (C.G.) ... Respondent For petitioner : None For respondent /State : Mr. Nitansh Jaiswal, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 16.06.2025 1. This is an office reference. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.06.17 19:45:37 +0530 2 2. This Court, vide order dated 30.07.2024, passed in MCRC No. 4143 of 2024, while allowing the bail to the petitioners, namely, Samadhan Khalve, Jatin Bole, and Mahadev Bariha, had expressed its trust that the trial Court should make an earnest endeavor to conclude the trial expeditiously in accordance with law, preferably within a period of 06 months from the date of receipt of a certified copy of the order, if there was no legal impediment. 3. Earlier on two occasions also, this Court had granted extension of time for compliance of the order dated 07.02.2025. 4. The learned Special Judge (NDPS Act), Raipur District-Raipur (C.G.) vide his request letter dated 03.05.2025 has requested for grant of three months time for concluding the trial. 5. It transpires from perusal of the PUD, that in the present case, after the evidence of all the prosecution witnesses was recorded, the case was fixed for the statement of the accused. Arrest warrant was issued against the accused Jatin Bole and Mahadev Bariha as they were absent at the statement stage and when the accused were absent, details of their movable and immovable property were sought, on which it was stated that they do not have any movable or immovable property in their name. Thereafter, by getting the action of proclamation done, by recording the evidence of absconding from the police station, the accused were declared absconding. Defence counsel said that the other accused in the case, Samadhan Khawale, is lodged in Pune jail (Maharashtra). Due to his absence from Pune jail, a production warrant has been issued through the Superintendent of Police. Due to the absence of the accused in the case, it is not possible to resolve it within the time limit given by the Hon'ble Chhattisgarh High Court, Bilaspur. Therefore, keeping in view the above circumstances of the case, a request letter. Due to this reason, it is not possible to conclude the trial within the 3 time prescribed by this Court. Hence, he prays for grant of three months further time for concluding the trial. 6. The request appears to be reasonable. The concerned trial Court is directed to conclude the trial as early as possible, preferably within a further period of three months from today. 7. Accordingly, this CRMP stands disposed off with the aforesaid direction. 8. Registry is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. Sd/- SS (Ramesh Sinha) Chief Justice vaibhav