Mahendra Tiwari vs State Of Chhattisgarh
2021 Latest Caselaw 3819 Chatt

                  HIGH COURT OF CHHATTISGARH, BILASPUR
                                CRA No. 2018 of 2019
 Mahendra Tiwari S/o Shri Koshmani Tiwari, Aged About 53 Years, R/o through Anil
  Agrawal structure Samta Colony, P.S. Ajad Chowk Raipur, District : Raipur,
  Chhattisgarh
                                                                                ---- Appellant
                                         Versus
    State Of Chhattisgarh through District Magistrate, Raipur, District : Raipur,
     Chhattisgarh
                                                                             ---- Respondent

21/12/2021 Smt. Indira Tripathi, Advocate for the appellant.

Shri Soumya Rai, P.L. for the State/respondent. Heard on I.A.No.2/2021, application for grant of temporary bail to the appellant.

The appellant has been convicted and sentenced by the judgment of conviction and order of sentence dated 26-11-2019 passed in Special Criminal Case No.24/2018 by the Special Judge (Atrocities) Raipur (Chhattisgarh), in the following manner with direction to run all the jail sentences concurrently :-

             Sl. No. Conviction                    Sentence
             1.       U/s 376(2)(i) of the IPC     R.I. for 20 years and fine of Rs.500/-, in
                                                   default of payment of fine amount one
                                                   month additional R.I.,

2. U/s 6 of Protection of R.I. for 20 years and fine of Rs.500/-, in Children from Sexual default of payment of fine amount one Offences Act, 2012 month additional R.I.

It is submitted that father of the appellant has expired on 19-12-2021. The appellant is required to perform the final rites and also attend the death ceremony of his late father. Therefore, it is prayed that he may be granted temporary bail for a period of 15 days.

Learned counsel for the State opposes the application. After considering on the application, only on the humanitarian ground this application is fit to be allowed. Hence, the present application (I.A.No.2/2021) is allowed.

It is directed that the appellant shall be released on temporary bail on his furnishing a personal bond in the sum of Rs.25,000/- with one local surety in the like sum to the satisfaction of the trial Court. The appellant is directed to surrender before the trial Court on 04-01-2022.

Certified copy today.

                    Sd/-                                          Sd/-
              (R.C.S. Samant)                         (Arvind Singh Chandel)
                 Judge                                         Judge




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