Madu Miya Alias Majubuddin Miya vs State Of Chhattisgarh
2022 Latest Caselaw 343 Chatt

                                              1

                       HIGH COURT OF CHHATTISGARH, BILASPUR

                                        Order Sheet

                                  CRA No. 1954 of 2017

  • Madu Miya Alias Majubuddin Miya S/o Muradan Musalman, Aged About 60 Years R/o
    Village Iderikala, Police Station Chando, District- Balrampur- Ramanujganj, Chhattisgarh

                                                                                   ---- Appellant

                                            Versus

  • State Of Chhattisgarh Through Police Station Chando, District- Balrampur-Ramanujganj,
    Chhattisgarh

                                                                                ---- Respondent

20/01/2022 Mr. Rajat Agrawal, counsel for the appellant/s.

Ms. Madhunisha Singh, Dy. A.G. for the State.

Heard on application (I.A. No.1/2021) under Section 389 of the Code of Criminal Procedure for grant of temporary bail to the appellant on medical ground.

By the impugned judgment dated 21.11.2017 passed by learned Special Judge, Surguja (Ambikapur), C.G. in Special Sessions (Atrocities) trial No.93/2008, in Central Registration No.93/2008, the appellant stands convicted as under:-

Conviction Sentence

Under Section 302/34 of IPC Life imprisonment and fine amount of Rs.5,000/-, in default of payment of fine amount, further 1 year R.I.

Under Section 201/34 of IPC R.I. for 5 years and fine amount of Rs.2,000/-, in default of payment of fine amount, R.I. for 6 months.

Copy of the report has been submitted by learned State counsel which is a report of medical officer of Central Jail, Ambikapur, C.G. dated 18.01.2022 mentioning that the appellant has been diagnosed with a disease of bilateral Grade-2 Renal Parenchymal with left large Renal Cortical Cyst and he has been referred to DKS Super Speciality Hospital, Raipur on 15.10.2021.

It is submitted by learned counsel for the appellant that the appellant is suffering from the disease of kidney failure and he is aged about 77 years and although it is not mentioned in the application but temporary bail is required to seek advance treatment in some higher center available in the country, hence, it is prayed that the appellant may be released on temporary bail.

On the other hand, learned State counsel opposes the temporary bail application and submits that the appellant is being provided with the treatment from a super speciality hospital of the State Government, therefore, there is no need for grant of temporary bail to the appellant.

Considering on the conditions, the appellant is continuously is in jail since about more than four years and although he is being provided with medical treatment, it appears that the appellant is not content with the treatment provided, hence, only on the humanitarian ground, we are inclined to grant temporary bail to the appellant. The application for suspension of sentence and grant of bail is allowed on temporary basis.

Accordingly, the application for suspension of sentence and grant of bail is allowed on temporary basis. It is directed that the substantive jail sentence awarded to the appellant is suspended for one month and he shall be released on bail on his furnishing a personal bond of Rs.25,000/- along with one surety of the like amount to the satisfaction of the trial Court.

It is made clear that no extension shall be granted to the appellant after completion of the period of temporary bail and the appellant is also directed to submit the documents regarding the treatment obtained after he surrenders before the trial Court. The learned trial Court shall fix a date of surrender of the appellant after completion of one month of temporary bail on which the

appellant shall surrender before the trial Court.

Certified copy as per rules.

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




Ravi