Chattisgarh High Court
Manoj And Others vs State Of Chhattisgarh on 9 May, 2022
HIGH COURT OF CHHATTISGARH, BILASPUR
CRA No. 1940 of 2019
1. Manoj S/o Mangaldas Chaturvedi Aged About 29 Years R/o Village Mudiyadih, P. S.
Palari, Balodabazar, District Balodabazar-Bhatapara Chhattisgarh, District :
Balodabazar-Bhathapara, Chhattisgarh
2. Mangaldas S/o Late Ghasiya Chaturvedi Aged About 35 Years R/o Village
Mudiyadih, P. S. Palari, Balodabazar, District Balodabazar-Bhatapara Chhattisgarh,
District : Balodabazar-Bhathapara, Chhattisgarh
3. Smt. Kushi Bai W/o Mangaldas Chaturvedi Aged About 50 Years R/o Village
Mudiyadih, P. S. Palari, Balodabazar, District Balodabazar-Bhatapara Chhattisgarh,
District : Balodabazar-Bhathapara, Chhattisgarh
4. Kumari Dashoda D/o Mangaldas Chaturvedi Aged About 20 Years R/o Village
Mudiyadih, P. S. Palari, Balodabazar, District Balodabazar-Bhatapara Chhattisgarh,
District : Balodabazar-Bhathapara, Chhattisgarh
5. Pitamber S/o Mangladas Chaturvedi Aged About 26 Years R/o Village Mudiyadih, P.
S. Palari, Balodabazar, District Balodabazar-Bhatapara Chhattisgarh, District :
Balodabazar-Bhathapara, Chhattisgarh
6. Hemin Bai W/o Pitamber Chaturvedi Aged About 24 Years R/o Village Mudiyadih, P.
S. Palari, Balodabazar, District Balodabazar-Bhatapara Chhattisgarh, District :
Balodabazar-Bhathapara, Chhattisgarh
---- Appellants
Versus
1. State Of Chhattisgarh Through P. S. Palari, District Balodabazar-Bhatapara
Chhattisgarh, District : Balodabazar-Bhathapara, Chhattisgarh
---- Respondent
09/05/2022 Shri Dishant Karnawat, Advocate on behalf of Ms. Renu Kochar,
Advocate.
Shri Kapil Maini, Panel Lawyer for the State/respondent.
In this CRA, the appellants No.1 and 5 have filed an application for
grant of temporary bail (I.A. No.2/2022) mentioning that marriage of
applicant's sister - Kumari Yashoda, is to be held on 11-05-2022.
The appellants have been convicted by the learned third Additional
Session Judge, Balodabazar (C.G.) vide the impugned judgment dated
07.12.2019 passed in Sessions Trial No.15/2018 for the offence punishable
under Section 302/149 of the Indian Penal Code.
Learned counsel for the appellants submits that marriage ceremony
of sister of appellants No.1 and 5 namely Kumari Yashoda is scheduled to
be held on 11-05-2022 at Mudiyadih, Balodabazar (C.G.). The appellants
have also filed the marriage card. The appellants being the brothers have
to perform various rites, rituals and custom. Hence, he prayed that the
appellants may be granted temporary bail for the period of five days to
attend marriage ceremony of sister.
Learned counsel for the State submits on verification, the S.H.O of
concerned P.S. has informed telephonically that he has verified the fact of
aforesaid marriage ceremony of appellant's sister- Kumari Yashoda (Bride),
which is to be held on 11-05-2022 at Mudiyadih, Balodabazar (C.G.),
therefore, he has no objection if the appellants are granted temporary bail.
Considering the submissions made by learned counsel for both the
parties, I feel inclined to release the appellants on temporary bail for the
period of five days.
Accordingly, the I.A. No.02/2022 is allowed and it is ordered that if
each of the appellants No.1 and 5 furnishes one solvent surety for a sum of
Rs. 25,000/- along with a personal bond for the like amount to the
satisfaction of the concerned trial Court, then they be released on
temporary bail for five days from date of releasing. The appellants are
directed to surrender before the concerned trial Court immediately after
completion of five days. If the appellants do not surrender immediately after
completion of five days from the date of release, then the trial Court may
proceed according to law and procedure.
Certified copy today.
SD/- SD/-
(Goutam Bhaduri) (N.K.Chandravanshi)
Judge Judge
Amardeep
