Revalal Chandra vs State Of Chhattisgarh
2021 Latest Caselaw 1681 Chatt

               HIGH COURT OF CHHATTISGARH, BILASPUR
                                    Order Sheet

                                CRA No. 452 of 2021

   Revalal Chandra, S/o Rama Chandra, Aged About 34 Years R/o Village
    Kumhari, Police Station - Marwahi District - Bilaspur (Now District Gourela -
    Pendra- Marwahi) (C.G.) Present Address Unit 524, C.O. 99, Signal Office
    Milsa Kent, Assam, Indian Armed Force Camp.

                                                                        ---- Appellant

                                       Versus

   State Of Chhattisgarh, Through The Station House Officer, Police Station
    Kawardha, District Kabirdham, Chhattisgarh.

                                                                     ---- Respondent

10/08/2021 Shri Shashank Thakur, Counsel for the Appellant.

Shri Ghanshyam Patel, G.A. for the State/Respondent.

Heard I.A. No.3/2021 application for grant of temporary bail.

Vide impugned judgment dated 10/02/2021 passed by Additional Sessions Judge (F.T.C.), Kabirdham, (C.G.) in Sessions Trial No. 56/2017, appellant has been convicted for the offence punishable under Sections 376 and 493 of the Indian Penal Code and sentenced to undergo R.I. for 10 years and fine amount of Rs. 10,000/- and R.I. for 7 years and fine amount of Rs.5,000/- respectively with default stipulations.

Learned Counsel appearing for the appellant submits that during the pendency of this appeal, on 02/08/2021, father of the appellant namely Rama Chandra has passed away. A death certificate is also annexed as Annexure A/4 in this regard. It is further submitted that to carry out the last rights and rituals, presence of appellant is essential. Therefore, it is prayed that the appellant may be granted temporary bail to perform the said religious function.

Per contra, the learned State counsel opposes the bail application.

I have heard the learned Counsel for the parties.

Considering the facts and circumstances of the case and further considering the application supported with a death certificate and only for the purpose of participation of the appellant in religious function occurred due to death of father of the appellant, I feel inclined to allow I.A. No.3/2021, application for temporary bail to the appellant from 11/08/2021 to 19/08/2021.

Accordingly, I.A. No. 03/2021 is allowed to the extent indicated above.

It is directed that appellant shall be released on temporary bail on executing a personal bond for a sum Rs.25,000/- with one surety for the like sum to the satisfaction of the trial Court. It is further directed that appellant shall surrender by 11:00 AM of 20/08/2021 before the trial Court positively.

Sd/-

(Arvind Singh Chandel) Judge

Vasant /Prakash