Arvind Shriwas vs State Of Chhattisgarh
2022 Latest Caselaw 3791 Chatt

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                 HIGH COURT OF CHHATTISGARH, BILASPUR
                              Order Sheet
                                Criminal Appeal No. 662 of 2022

      Arvind Shriwas aged about 32 years, S/o- Gajanand Shriwas, R/o Village
       Ratanmahka, P.S. Kharsiya, District Raigarh (C.G.)
                                                                                ----- Appellant
                                          versus
      State of Chhattisgarh, Through, P.S. Janjgir, District Janjgir-Champa (C.G.)
                                                                            ----- Respondent

15/06/2022 Shri Shailendra Kumar Bajpai and Shri F.S. Khare, Advocates for the

Appellant.

Shri Raghvendra Verma, Government Advocate for the State.

Heard on I.A. No. 02 of 2022 application for grant of interim bail.

Learned counsel for the State has no objection to release of the appellant

on interim bail.

By the impugned judgment dated 06.04.2022 passed by the Additional

Sessions Judge, Janjgir, District Janjgir-Champa (C.G.) in Sessions Trial No.

21/2018, the appellant stands convicted and sentenced as under:

                          Conviction                            Sentence
                  Under Section 376 (2) (n) of IPC       R.I. for ten years and fine of
                                                         Rs.50,000/-, in default of payment
                                                         of fine to further undergo R.I. for
                                                         10 months

Considering the facts and circumstances of the case, the fact that the

appellant is suffering from kidney disease, he is surviving with only one kidney

and had already been referred to higher centre D.K.S. Hospital, Raipur for

treatment and for further treatment proposed date is given on 20.06.2022

therefore, looking to the nature of ailment of the appellant, further treatment is be

required to the appellant, this Court is of the opinion that present is a fit case for

grant of interim bail to the appellant for further treatment in higher centre to the

choice of the appellant within the country.

It is directed that the appellant shall be released on temporary bail from

16.06.2022 to 14.07.2022 on his furnishing a personal bond in the sum of

Rs.2,00,000/- with two sureties of Rs.1,00,000/- each to the satisfaction of the trial

Court. The appellant shall surrender before the Trial Court positively on 15 th of

July, 2022. After the surrender of the appellant, the trial Court shall inform about

the same to this Registry. Accordingly, the application (I.A. No. 02/2022) stands

disposed of.

List this appeal on 18.07.2022.

Certified copy today as per rules.

Sd/-

(Gautam Chourdiya) Judge

vatti