Nokhlal Kewat vs State Of Chhattisgarh
2022 Latest Caselaw 7157 Chatt

                  HIGH COURT OF CHHATTISGARH, BILASPUR
                             Order Sheet
                               CRA No. 1837 of 2022
 • Nokhlal Kewat S/o Shri Bhuneshwar Kewat Aged About 27 Years R/o Village -
   Kharkhod, P.S. Pamgarh, District Janjgir-Champa Chhattisgarh.
 • Smt. Kamlabai Kewat W/o Shri Bhuneshwar Kewat Aged About 51 Years R/o
   Village- Kharkhod, P.S. Pamgarh, District Janjgir Champa Chhattisgarh.
                                                                          ---- Appellant.
                                      Versus
 • State of Chhattisgarh Through Station House Officer, Police Station-Pamgarh, District
   Janjgir Champa Chhattisgarh.
                                                                       ---- Respondent

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29-11-2022 Mr. Anish Tiwari, counsel for the appellant.

Mr. R.M. Solapurkar, GA for the State.

Heard on I.A.No.2 of 2022 which is an application for grant of temporary bail for a period of 5 days.

The appellants stand convicted by the Judgment of conviction and order of sentence dated 17-8-2022 passed by the learned Additional Sessions Judge (FTC) Janjgir, District Janjgir-Champa in Sessions Trial No. 10 of 2021 for the offence punishable under Section s 498-A and 306 of IPC and sentenced to undergo RI for two years and fine of Rs.500/-, under Section 306 of IPC and sentenced to undergo RI for five years with default stipulations. Both the sentences are directed to run concurrently.

Learned counsel for the appellant would submit that the marriage of the sister of appellant No.1 and daughter of appellant No.2 is going to be solemnized on 2-12-2022 and religious function has to be held on 30-11-2022 to 2-12-2022, therefore, the presence of the appellants are very much required in the said marriage ceremony and in this regard copy of the invitation card is also enclosed as Annexure A/3 and prayed for temporary bail to the appellants.

On the other hand, learned State counsel opposes the temporary bail.

I have heard learned counsel for the parties and perused the record.

Having considered the facts and circumstances of the case and and further considering the fact that the presence of the appellants being brother and mother is required for attending the marriage ceremony, this court is of the opinion that prima facie a strong case for grant of temporary bail has been made out.

Accordingly, I.A.No. 2 of 2022 is allowed. The appellants are directed to be released on temporary bail for a period from 30-11- 2022 to 4-12-2022 immediately on each of them furnishing a bail bond of Rs.10,000/- with one surety for the like sum to the satisfaction of the trial court. The appellants shall surrender themselves before the trial court on 5-12-2022 at 10.30 am positively.

Cc as per rules today.

Sd/-

(Narendra Kumar Vyas) Judge

Raju