Chattisgarh High Court
Manoj Kumar Dhirhe vs The State Of Chhattisgarh on 26 May, 2022
HIGH COURT OF CHHATTISGARH, BILASPUR
CRA No. 576 of 2017
1. Manoj Kumar Dhirhe S/o Ramdas Satnami, Aged About 21 Years, R/o Village
Dharashiv, Police Chowki Lavan, Thana Kasdol, District Baloda Bazar-Bhatapara,
Chhattisgarh., Chhattisgarh
2. Janki Bai W/o Ganesh Jangde, Aged About 33 Years, R/o Village Dharashiv, Police
Chowki Lavan, Thana Kasdol, District Baloda Bazar-Bhatapara, Chhattisgarh., District :
Balodabazar-Bhathapara, Chhattisgarh
---- Appellants
Versus
The State Of Chhattisgarh Through Police Chowki Lavan, Thana Kasdol, District
Baloda Bazar-Bhatapara, Chhattisgarh., Chhattisgarh
---- Respondent
26/05/2022 Shri Pragalbha Sharma, Advocate for the appellants.
Shri Amrito Das, Additional Advocate General for the State.
Heard on I.A.No.3/2022, for suspension of sentence and grant of
temporary bail.
By the impugned judgment dated 31-3-2017 passed by the 3 rd Additional
Sessions Judge, Baloda Bazar, District Baloda Bazar- Bhatapara (CG) in
Sessions Case No.56/2016, the accused/appellants stand convicted under
Section 302 read with Section 34 IPC and sentenced to undergo imprisonment
for life and fine of Rs.3000/-, in default of payment of fine to further undergo R.I.
for 6 months.
This application is heard on urgent basis by vacation Court in compliance
of the instructions present in the notification dated 13-05-2022 issued by the High
Court of Chhattisgarh, Bilaspur and in the light of Rule 41 of Chhattisgarh High
Court Rules, 2007.
It is submitted by learned counsel for the appellants that the mother of the
appellant No.1 has expired on 19-05-2022, therefore, appellant No.1 being her
son is required to present in the performance of rituals and last ceremony with
respect to her departed mother. Hence, for this reason alone he may be granted
temporary bail for a period of two weeks.
The State counsel opposes the application, however, it is submitted that
death of mother of the appellant No.1 has been confirmed through local police
station.
Although appellant No.1 was earlier not found entitled for grant of regular
bail, however, present is a different circumstance and appellant No.1 being son
of his deceased mother is responsible for performing his last duties towards his
deceased mother. Hence, only on the humanitarian ground I feel inclined to allow
the application for grant of temporary bail to appellant No.1.
Consequently, the prayer made in I.A.No.3/2022 for grant of temporary
bail to appellant No.1 Manoj Kumar Dhirhe is hereby allowed. It is directed that
appellant Manoj Kumar Dhirhe shall be released on temporary bail for a period of
two weeks by the Court below on his furnishing a personal bond in the sum of
Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned
Court. The Court below shall fix a date for surrender of appellant No.1 on
completion of two weeks from the date he is released on temporary bail by the
said Court.
Certified copy as per rules.
Sd/-
(Rajendra Chandra Singh Samant)
Vacation Judge
Aadil
