Akash Kosare vs State Of Chhattisgarh
2022 Latest Caselaw 484 Chatt

                  HIGH COURT OF CHHATTISGARH, BILASPUR
                                     Order Sheet
                                  CRA No. 335 of 2021

  1. Akash Kosare, S/o Chandrahas, Aged about 18 Years, R/o Village Daimar,
     P.S. Patan, District Durg, Chhattisgarh.
  2. Sanju Vaishnav, S/o Dileshwar Vaishnav, Aged about 22 Years, R/o Village
     Daimar, P.S. Patan, District Durg, Chhattisgarh.
                                                                    ---- Appellants
                                     Versus
  • State of Chhattisgarh, through S.H.O.- Police Station- Nevai, District Durg,
    Chhattisgarh.
                                                                   ---- Respondent

27.01.2022 Mr. B.P. Singh, Counsel for the Appellants.

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

Heard on I.A. No. 01/2022, application for grant of Interim/Temporary Bail to appellant No. 02 namely Sanju Vaishnav.

The first bail application filed under Section 389 of the Cr.P.C. for suspension of sentence and grant of bail to both the appellants has been rejected by this Court vide order dated 25.11.2021.

By the impugned judgment dated 24.02.2021, passed by the learned 4th Additional Sessions Judge, Durg (C.G.) in Session Case No. 87/2019, the appellants stands convicted as under:

Conviction Sentence In Default

U/s 364/34 of the RI for 07 years and In default of payment of IPC fine amount of Rs. fine amount additional RI 500/-. for 03 months.

U/s 394/34 of the RI for 07 years and In default of payment of IPC fine amount of fine amount additional RI Rs.500/-. for 03 months.

U/s 302/34 of the RI for life and fine In default of payment of IPC amount of Rs.500/-. fine amount additional RI for 05 months.

U/s 201/34 of the RI for 05 years and In default of payment of IPC fine amount of fine amount additional RI Rs.500/-. for 03 months.

U/s 120-B of the RI for 05 years and In default of payment of IPC fine amount of fine amount additional RI Rs.500/-. for 03 months.

Learned counsel for the appellants submits that the ground for temporary bail of appellant No. 02 namely Sanju Vaishnav is that the marriage of his real sister is scheduled in the month of February, 2022 starting from 01.02.2022 and culminating on 05.02.2022. He also submits that a copy of the invitation card of marriage is also annexed with the application (I.A. No. 01/2022), therefore, he prays that the appellant No. 02 (Sanju Vaishnav) is only brother of his sister, so his presence is required for the performance of the religious rites in the marriage and the social duties towards his sister. Hence, it is prayed that appellant No. 02 (Sanju Vaishnav) may be released on temporary bail for a period of 10 days.

Learned counsel for the State opposes the prayer.

Heard.

Considered on the submissions made by the learned counsel for the parties, perused the record of the trial Court and after considering that appellant No. 02 (Sanju Vaishnav) has social duties towards his family and his sister and the customary rites require the presence of the appellant in the marriage ceremony of his sister, hence, only on humanitarian ground we are of the considered view that it is a fit case where such an application should be allowed.

It is directed that Appellant No. 02 (Sanju Vaishnav) be released on temporary bail for a period of 10 days starting from 31.01.2022 to 09.02.2022 on his furnishing a personal bond for a sum of Rs. 10,000/- with one surety of the like sum to the satisfaction of the concerned trial Court. He shall positively surrender before the concerned trial Court on 10.02.2022 at 11:00 A.M.

List this case for final hearing in its due course.

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




Vasant