Abhay Devdas Nayak vs The State Of Chhattisgarh
2022 Latest Caselaw 867 Chatt

             HIGH COURT OF CHHATTISGARH, BILASPUR
                                Order Sheet
                            CRA No. 960 of 2021
Abhay Nayak S/o Devdas Nayak, aged about 35 years, Currently Incarcerated At
Jagdalpur Central Jail, Civil Lines, Jagdalpur, District : Bastar(Jagdalpur),
Chhattisgarh
                                                                 ---- Appellant
                                Versus
The State of Chhattisgarh through Station House Officer of Police Station
Mardum, District : Bastar(Jagdalpur), Chhattisgarh
                                                              ---- Respondent

WITH CRA No. 989 of 2021 Abhay Devdas Nayak S/o Devdas Nayak aged about 35 years currently Incarcerated at Jagdalpur Central Jail, Civil Lines, Jagdalpur, District : Bastar(Jagdalpur), Chhattisgarh

---- Appellant Versus The State of Chhattisgarh through Station House Officer of Police Station Kondenar, District : Bastar(Jagdalpur), Chhattisgarh

---- Respondent WITH CRA No. 983 of 2021 Abhay Devdas Nayak S/o Devdas Nayak, aged about 35 years Currently Incarcerated At Jagdalpur Central Jail Civil Lines, Jagdalpur, District : Bastar(Jagdalpur), Chhattisgarh

---- Appellant Versus The State of Chhattisgarh through Station House Officer of Police Station House Officer of Police Station: Darbha, District : Bastar(Jagdalpur), Chhattisgarh

---- Respondent 18.02.2022 Mr. Shailendra Dubey, Counsel for the Appellant.

Mr. Sunil Otwani, Additional A.G. for the State/Respondent.

Heard on I.A. No.1/2022, an application praying for grant of temporary bail on the ground of demise of the mother of the appellant.

By the impugned judgment dated 10.06.2021, passed by the learned Special Judge (National Investigating Agency), Jagdalpur in Special Case No.109 of 2018, the Appellant stands convicted as mentioned below:

              CRA      Spl. ST. Cr. No. Police          Offence under Section
                         No.            Station
               No.

1213/19 109/2018 7/2017 Mardu 120-B of the Indian Penal Code;

m, Dist.

13 (1) (b), 18, 38 and 39 (2) of the Bastar Unlawful Activities (Prevention) Act, 1967; and 8 (1) (3) (5) of the Chhattisgarh Special Public Security Act, 2005

1146/19 105/2018 7/2017 Darbha 120-B of the Indian Penal Code;

, Dist.

4 & 5 of the Explosive Substances Bastar Act, 1908;

13 (1) (b), 18, 38 and 39 (2) of the Unlawful Activities (Prevention) Act, 1967; and 8 (1) (3) (5) of the Chhattisgarh Special Public Security Act, 2005

1216/19 110/2018 7/2017 Kodena 120-B of the Indian Penal Code;

r, Dist.

4 & 5 of the Explosive Substances Bastar Act, 1908;

13 (1) (b), 18, 38 and 39 (2) of the Unlawful Activities (Prevention) Act, 1967; and 8 (1) (3) (5) of the Chhattisgarh Special Public Security Act, 2005

It is submitted by counsel for the appellant that the mother of the appellant has expired on 12.02.2022. However, her cremation was held on 16.02.2022, and the final rites are to be performed in continuity up till 2nd of March, 2022. The appellant being his son has socio-religious- obligation and duties towards her mother, therefore, it is prayed that he may be granted temporary bail to attend and participate in the final rituals of his departed mother.

State counsel heavily oppose the application and submits that in the investigation stage, the police had to suffer a lot of hardship to arrest the appellant who was arrested after the issuance of look-out circular. Therefore, there is a possibility that the appellant may abscond if he is granted temporary bail. Hence, the application for temporary bail may be rejected.

Considered on the submissions, we are not considering the case on merits. Taking into consideration the present facts that the mother of the appellant has expired regarding which the copy of death certificate has been produced along with the application, and the application is supported with affidavit of one Nagesh S.N, who is a family friend of the appellant. Hence, we feel to allow this application on the humanitarian ground.

Accordingly, I.A.No.1/2022 is allowed.

It is directed that Appellant be released on temporary bail on furnishing of a personal bond for a sum of Rs. 1,00,000/- with two local solvent sureties to the satisfaction of the concerned Trial Court. On furnishing of bail bond the appellant shall be released on temporary bail which shall continue from the date of his release up till 4 th March, 2022. The appellant shall be required to surrender before the concerned Court on 04.03.2022 positively at 11:00 A.M.

The person who has sworn affidavit in support of his application namely Mr. Nagesh S.N. S/o Narayanappa R/o Banglore who is present in Bilaspur today is also directed to furnish a bond of the same amount for the purpose of ensuring the compliance of the order.

It is made clear that no further extension shall be granted

Certified copy to be supplied today.

                      Sd/-                                         Sd/-

                (R.C.S. Samant)                        (Arvind Singh Chandel)
                     Judge                                    Judge


Saurabh