Hetram Sahu vs State Of Chhattisgarh
2022 Latest Caselaw 567 Chatt

                  HIGH COURT OF CHHATTISGARH, BILASPUR
                                 CRA No. 76 of 2020
1. Hetram Sahu, S/o Late Pahruram Sahu, Aged About 40 Years, R/o Village Mopar,
   Police Station Suhela, District Baloda Bazar-Bhatapara, Chhattisgarh., District :
   Balodabazar-Bhathapara, Chhattisgarh
                                                                               ---- Appellant
                                         Versus
1. State of Chhattisgarh Through The Police Station City Kotwali, Baloda Bazar, District
   Baloda Bazar - Bhatapara, Chhattisgarh., District : Balodabazar-Bhatapara,
   Chhattisgarh
                                                                             ---- Respondent

01/02/2022 Shri T.K. Jha, Advocate for the appellant.

Smt. Madhunisha Singh, Dy. Adv.General for the State/respondent. Heard on I.A.No.1/2022, 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 04.10.2019 passed in Sessions Trial No.05/2018 by the learned 3rd Addl. Sessions Judge, Baloda Bazar(Chhattisgarh), in the following manner with direction to run all the jail sentences concurrently :-

             Sl. No. Conviction                    Sentence
             1.       U/s 302/34 of the IPC        Imprisonment for life and fine of Rs.500/-,
                                                   in default of payment of fine amount six
                                                   months additional S.I.,
             2.       U/s 201/34 of the IPC        R.I. for 3 years and fine of Rs.500/-, in
                                                   default of payment of fine amount three
                                                   months additional S.I.

It is submitted that mother of the appellant has expired on 28.1.2022. The customary rituals are to be performed on 3.2.2022. The presence of the appellant is necessary for participation in the customary rituals for her departed mother. Therefore, it is prayed that he may be granted temporary bail to attend the rituals to be performed for departed mother.

Learned counsel for the State opposes the application and submits that the suspension of sentence and grant of bail has already been rejected, therefore, there is no reason present for grant of temporary bail to the appellant.

Considered on the submissions. A copy of death certificate has been filed which shows that Phool Bai Sahu W/o Paharu Ram Sahu has expired on 28.01.2022. The application is also supported with an affidavit. Considering that the appellant being a son has the necessity to perform his social duty towards his departed mother, hence, only on the humanitarian ground we are of the view that this application is fit to be allowed. Hence, the present application (I.A.No.1/2022) is allowed.

It is directed that the appellant shall be released on temporary bail for a period of one week starting from the date of his release on 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 learned trial court before which the bail bond shall be furnished shall fix a date for surrender of the appellant on completion of seven days of his liberty.

Certified copy today.

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




Nisha