1 CRMP No. 166 of 2024 CGHC010421022023 2026:CGHC:40754-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 166 of 2024 1 - State Of Chhattisgarh Through Police Station Shyang, District Korba Chhattisgarh. ... Petitioner versus 1 - Ravi Sidar S/o Ganesh Ram Sidar Aged About 43 Years R/o Nakna, Police Station Dharamjaigarh, District : Raigarh, Chhattisgarh 2 - Ankit Kumar Dwivedi, S/o Chandrakant Dwivedi, Aged About 25 Years R/o Nawadih Muroop, Police Station Latehar, District Latehar Jharkhand) 3 - Kundan Tiwari S/o Purushottam Tiwari, Aged About 25 Years R/o Chandandih Latehar, Police Station Latehar, District Letehar (Jharkhand) 4 - Ashok Kumar Choudhary, S/o Mohan Choudhary Aged About 25 Years R/o Karma, Police Station Lesliganj, District Palama Jharkhand) 5 - Ganesh Narayan Uraon, S/o Jayram Uraon, Aged About 32 Years R/o Nwagarh Panchpedi, Police Station Paaki, District Palamu Jharkhand) 6 - Jagdish Sidar S/o Late Gulshan Sai Sidar Aged About 31 Years R/o Katangkhar, Post Deori, Police Station Kansabel, District Jashpur Chhattisgarh. ABHIGYA SAXENA Digitally signed by ABHIGYA SAXENA 2 CRMP No. 166 of 2024 ... Respondents For Petitioner/State : Ms. Shailja Shukla, Government Advocate. (Division Bench) (Hon’ble Smt. Justice Narendra Kumar Vyas, Hon’ble Shri Justice Sudhir Kumar) Order on Board 18.09.2026 1. Heard on I.A. No.01/2023 – an application for condonation of delay in filing of instant criminal miscellaneous petition. 2. Upon due consideration and for the reasons assigned in the application, the same is allowed. 3. Delay of 114 days in filing the appeal is hereby condoned. 4. Also heard on application for grant of leave to appeal under Section 378(3) of the Code of Criminal Procedure. 5. Learned counsel appearing for the petitioner/State submits that the learned Trial Court has erred in discarding the last-seen circumstance merely on the ground of the seven-day gap between the deceased being last seen with the accused i.e. on 05.02.2018, and recovery of the dead body i.e. on 12.02.2018. She further submits that there is no fixed period of time which, by itself, renders the last-seen circumstance inadmissible, and since the accused having been last seen with the deceased and thereafter no evidence of any other person being seen with the deceased, 3 CRMP No. 166 of 2024 therefore, the finding of the learned Trial Court warrants interference. 6. We have heard learned counsel for the petitioner/State, considered her submissions, and have also perused the material available on record. 7. Upon consideration thereof, we are inclined to admit the appeal and the application for grant of leave to appeal is hereby admitted. Registry is directed to register the instant case as regular Acquittal Appeal. 8. Let a bailable warrant be issued to the sum of Rs.5,000/- against the applicant, as per rules, through the concerned Superintendent of Police for his appearance before this Court on 05.11.2026. 9. In view of the above, present CRMP stands disposed of. 10. Let the Acquittal appeal be listed on 5th of November, 2026. Sd/- Sd/- (Narendra Kumar Vyas) Judge (Sudhir Kumar) Judge Saxena