Gurugram (Gudgaon ) (Haryana) Permanent Address - 72/1 Punjabi Bag, Police Station v. State Of Chhattisgarh Through Station House Officer, Police Station - Patewa, District
Case at a glance
Outcome
Dismissed
Having regard to aforesaid submission, this appeal is dismissed as
Provisions considered
Key paragraphs
- Para 44. Having regard to aforesaid submission, this appeal is dismissed as withdrawn reserving the liberty as aforesaid. Consequently, IA No.1/2025 is also stand disposed of.
Judgment
HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 916 of 2025 Subrat Bhattacharya S/o Late Shri Bireshwar Bhattacharya Aged About 64 Years R/o F-90, South City Nagar - 1 Near Park Gurugram (Gudgaon ), Police Station Sector - 40 District - Gurugram (Gudgaon ) (Haryana) Permanent Address - 72/1 Punjabi Bag, Police Station - Punjabi Bag, Delhi West (Correct Name As Per Order Dated 24.04.2025, Page No. 30) ... Appellant. versus State Of Chhattisgarh Through Station House Officer, Police Station - Patewa, District- Mahasamund (C.G.) ... Respondent. For Appellant For Respondent : : Mr. Dharmesh Shrivastava, Advocate. Mr. HAPS Bhatia, Panel Lawyer. SB : Hon'ble Shri Justice Deepak Kumar Tiwari Order on Board
09.05.2025
This appeal has been filed for grant of anticipatory bail in the form of appeal under Section 16 (1) of the Chhattisgarh Protection of Depositors Interest Act, 2005 (for short "Act of 2005") in connection with Crime No.148/2018 registered at Police Station Patewa, District Mahasamund against rejection of order dated 24.04.2025 passed by the Special Judge under the Chhattisgarh Protection of Depositors Interest Act, 2005. The 2 appellant has also filed an application for exemption from depositing the liability amount (IA No.1/2025).
At the outset, learned State counsel submits that no assessment of liability has been determined. He further submits that provision of Section 16 of the Act 2005 would only apply if any order is passed by the Special Court under the Act of 2005 after determining the liability. He submits that the impugned order is only an order rejecting the bail application under Section 438 of the Cr.P.C. (Section 482 of the BNSS, 2023). Apart from this, Section 16 (2) of the Act 2005 can be entertained only after deposit of 75% of the amount before the competent Authority. In view of such submission, learned State counsel submits that in the present form the appeal is not maintainable.
Learned counsel for the appellant also admits the fact that no liability has been determined till so far. At this juncture, he seeks permission of this Court withdraw the present appeal with liberty to file anticipatory bail application under Section 482 of the BNSS, 2023.
Operative part
Having regard to aforesaid submission, this appeal is dismissed as withdrawn reserving the liberty as aforesaid. Consequently, IA No.1/2025 is also stand disposed of.
Certified Copy of the order impugned be returned to the counsel after retaining photocopy of the same. Sd/- (Deepak Kumar Tiwari) Judge Ajay
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Having regard to aforesaid submission, this appeal is dismissed as
Which statutory provisions did this judgment involve?
Chhattisgarh Protection of Depositors Interest Act, 2005 — s. 16(1); Code of Criminal Procedure, 1973 — s. 438; Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.