Shiv Prasad And Anr vs State Of Chhattisgarh
2022 Latest Caselaw 1002 Chatt

                 HIGH COURT OF CHHATTISGARH, BILASPUR
                                   CRA No. 192 of 2015
1. Shiv Prasad S/o Kunwar Singh Sahu, Aged About 51 Years, R/o Village Damapur, O.P.
   Fastarpur P.S. City Kotwali, Distt. Mungeli C.G. , Chhattisgarh
2. Rajendra S/o Shiv Prasad Sahu, Aged About 24 Years, R/o Village Damapur, O.P.
   Fastarpur P.S. City Kotwali, Distt. Mungeli C.G. , District : Mungeli, Chhattisgarh
                                                                               ---- Appellants
                                          Versus
 State Of Chhattisgarh Through P.S. City Kotwali, Distt. Mungeli C.G. , Chhattisgarh
                                                                              ---- Respondent

23/02/2022 Shri R.K. Jain, Advocate for the appellants.

Shri Sunil Otwani, Additional Advocate General for the State/respondent. The appellants have been convicted and sentenced by the judgment of conviction and order of sentence dated 30-01-2015 passed in Special S.T. No.25/2013 by the Additional Sessions Judge, Mungeli (Chhattisgarh), in the following manner :-

Conviction Sentence U/s 302/34 of the IPC Imprisonment for life and fine of Rs.500/-, in default of payment of fine additional R.I.

for 1 month to each appellant.

Heard on I.A.No.4, application praying for grant of temporary bail to the appellant No.2 - Rajendra.

It is submitted that younger brother of appellant No.2, namely, Sanjay is getting married and the marriage is scheduled on 27 and 28 February, 2022. Therefore, it is prayed that appellant No.2 may be granted temporary bail to attend and participate in the marriage of his brother.

Learned counsel for the State opposes the application and submits that in case appellant No.2 is granted bail he may abscond, therefore, his application may be rejected.

Considered on the submissions. The application is supported with affidavit of Yogesh Kumar, bother of appellant No.2 and copy of invitation card is also attached. The reason for which the temporary bail is sought appears to be bonafide. Considering that this appellant has some socio religious duties toward his family, therefore, only on humanitarian ground, we feel inclined to allow the application for temporary bail filed by appellant No.2.

Accordingly, I.A.No.4, application for grant of temporary bail to appellant No.2 is allowed. It is directed that appellant No.2 Rajendra shall be released on temporary bail on his furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the trial Court. Appellant No.2 Rajendra is required to surrender before the trial Court on 03-03-2022.

Certified copy today.

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




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