Jabir Ali vs State Of Chhattisgarh
2021 Latest Caselaw 3025 Chatt

            HIGH COURT OF CHHATTISGARH, BILASPUR
                                   Order Sheet
                             CRA No. 957 of 2021
 • Jabir Ali S/o Shree Mustafa Ali Aged About 37 Years R/o Village Malda, P.S.
   Katghora, District Korba Chhattisgarh., District : Korba, Chhattisgarh
                                                                   ---- Appellant
                                    Versus
 • State Of Chhattisgarh Through Police Station Katghora, District Korba
   Chhattisgarh., District : Korba, Chhattisgarh
                                                                 ---- Respondent

1-11-2021 Mr. Rahul Agrawal, counsel for the appellant.

Mr. Adil Minhaj, Govt. Advocate for the State. Heard on I.A.No. 2 of 2021, which is an application filed on behalf of the appellant seeking temporary bail on the ground of death of his father.

By the impugned judgment dated 28-8-2021 (Annexure A/1) passed by the Special Judge (Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act,. 1989, Korba, District Korba in Special Criminal Case No. 19 of 2007, the accused/appellant stands convicted under Sections 363 and 366 of IPC and sentenced to undergo RI for two years and fine of Rs.500/- in default payment of fine amount to further undergo RI for 15 days and RI for two years and fine amount of Rs.1000/-, in default of payment of fine amount, to further undergo RI for one month.

Learned counsel for the appellant would submit that father of the appellant has expired on 15-10-2021 and he is required to attend the last rituals of his father therefore the appellant may be released on temporary bail for at least two weeks. Mr. Adil Minhaj, learned Govt. Advocate after verification, confirmed the fact of death of appellant's father.

Considering the facts and circumstances of the case, in particular the death of appellant's father, I am inclined to release him on temporary bail.

Accordingly, I.A.No. 2 of 2021 is allowed and it is directed that on appellant's furnishing a personal bond for a sum of Rs.25,000/- with one surety of the like sum to the satisfaction of trial Court concerned, he shall be released on temporary bail on 2- 11-2021 and shall surrender before the trial court on 17-11-2021 positively.

Certified copy today.

Sd/-

(Narendra Kumar Vyas) Judge

Raju