Rajendra Patel vs State Of Chhattisgarh
2022 Latest Caselaw 769 Chatt

                                                                               NAFR
               HIGH COURT OF CHHATTISGARH, BILASPUR
                    Proceeding Through Video Conferencing

                                 CRA No. 1302 of 2021

  1.    Rajendra Patel S/o Khemuram Patel, Aged About 38 Years, R/o Village
        Mudaparkala, Chowk Kandarka, Police Station Berla, District Bemetara
        (C.G.).

                                                                         ----Appellant
                                       Versus
  1.    State Of Chhattisgarh, The Station House Officer, Chowki Kandarka,
        Police Station Berla, District Bemetara (C.G.).
                                                                    ---- Respondent

14/02/2022 Mr. Gaurav Singhal, Counsel for the appellant.

Mr. Priyanshu Gupta, P.L. for the State/respondent.

Heard on I.A. No. 01/2022, application for grant of temporary bail to the appellant.

By the impugned judgment dated 04/10/2021 passed by 1st Additional Sessions Judge (F.T.C). Bemetara, District Bemetara (C.G.) in Session Case No. 28/2019, the appellant stands convicted and sentenced as under:-

Conviction Sentence Under Section 376 of R.I. for 10 years and fine of Rs. 2,000/-, IPC. in default of payment of fine additional R.I. for 2 months.

Under Section 456 of R.I. for 2 years and fine of Rs. 500/-, in IPC. default of payment of fine additional R.I.

for 15 days.

(Both the sentences were directed to run concurrently The aforesaid application has been filed on the ground that mother of the appellant namely Bhagyawati Patel has died on 09/02/2022 and her 10th day ceremony and other rituals are to take place on 18/02/2022 for which presence of appellant is very much required. Alongwith this application an affidavit of elder brother of the appellant as well as the certificate issued by Gram Panchayat Mudparkala, Janpad Berla, District Bemetara (C.G.) and condolence letter have been filed.

Considering the reasons assigned in the application for grant of interim bail which is supported by the affidavit of elder brother of the appellant as also the certificate given by the concerned Sarpanch which has been duly verified by the State counsel, it is directed that the appellant shall be released on temporary bail from today 14/02/2022 till 27/02/2022 on his executing a personal bond for a sum of Rs. 1,00,000/- with two sureties of Rs. 50,000/- each to the satisfaction of the trial Court. The appellant shall surrender before the concerned trial Court positively on 28/02/2022. After surrender of the appellant, the trial Court shall inform about the same to this Registry.

Accordingly, the application (I.A. No. 01 of 2022) is allowed.

Certified Copy today itself.

-Sd/-

(Gautam Chourdiya) Judge

Chandrakant