Prashant @ Chhota vs State Of Chhattisgarh
2021 Latest Caselaw 58 Chatt

                                                                              NAFR

                HIGH COURT OF CHHATTISGARH, BILASPUR

                   Proceeding Through Video Conferencing

                                 CRA No. 782 of 2019

   Prashant @ Chhota, S/o Shesh Narayan Shukla, aged about 24 Years, R/o Ward
    No.07, Chandani Chowk S/lohara, District- Kabirdham, Chhattisgarh.

                                                                         ----Appellant

                                       Versus

   State of Chhattisgarh, Through Police Station S/lohara, District- Kabirdham,
    Chhattisgarh.

                                                                      ---- Respondent

07/04/2021 Mr. Raghvendra Pradhan, counsel for the appellant.

Dr. (Ms.) Veena Nair, Deputy A.G. for the State.

Heard on I.A. No.01 of 2021, application for grant of

temporary bail to the appellant.

By the impugned judgment dated 03.05.2019 passed by

the Special Judge (Under POCSO Act), FTC, Kabirdham, C.G.

in Special Sessions Case No.10/2018, the appellant stands

convicted and sentenced as under:

Conviction Sentence

Under Section 376(i) of Indian R.I. for ten years and fine of Penal Code Rs.2,000/-, in default of payment of fine amount to further undergo additional rigorous imprisonment for two months

Under Section 363 of Indian R.I. for four years and fine of Penal Code Rs.500/-, in default of payment of fine amount to further undergo additional rigorous imprisonment for one month

Under Section 366 of Indian R.I. for four years and fine of Penal Code Rs.500/-, in default of payment of fine amount to further undergo additional rigorous imprisonment for one month

(All sentences were directed to run concurrently)

The aforesaid application has been filed on the ground

that father of the appellant namely Shesh Narayan Shukla has

died on 04.04.2021 and for performing social ceremony

presence of appellant is very much required. The appellant has

also filed death certificate of his father issued by Nagar Palika

Parishad Kumhari, Ward No.19 Janjgiri (Kugda) along with the

covering memo.

For the reasons mentioned in the application (I.A. No.1 of

2021) which is duly supported by an affidavit of brother-in-law of

the appellant along with covering memo and other relevant

documents and also verified by the State counsel through

concerned police station, it is directed that the appellant shall be

released on temporary bail from today till 22 nd April, 2021 on his

furnishing a personal bond for a sum of Rs.50,000/- with two

sureties of Rs.25,000/- each to the satisfaction of the trial Court.

The appellant shall surrender before the concerned trial Court

positively on 22nd April, 2021. After surrender of the appellant, the trial Court shall inform about the same to this Registry.

Accordingly, I.A. No.01 of 2021, application for grant of

temporary bail to appellant stands disposed of.

Certified Copy today itself.

Sd/-

Gautam Chourdiya Judge

Akhilesh