Sanjay Shori vs State Of Chhattisgarh
2022 Latest Caselaw 6460 Chatt

           HIGH COURT OF CHHATTISGARH, BILASPUR
                                Order Sheet
                           CRA No. 258 of 2021

 Sanjay Shori S/o Shri Mangal Singh Shori Aged About 22 Years Residence Of
  Village Shyamnagar, Thana Antagarh, District North Baster Kanker
  Chhattisgarh., District : Kanker, Chhattisgarh

                                                                   ---- Appellant

                                   Versus

 State Of Chhattisgarh Through The District Magistrate , North Baster Kanker
  District North Baster Kanker Chhattisgarh., District : Kanker, Chhattisgarh

                                                                 ---- Respondent

21.10.2022 Mr. Sunil Sahu, counsel for the appellant.

Mr. R.M. Solapurkar, Govt. Advocate with Ms. Abhyunnati Singh, Panel Lawyer for the State.

Heard on I.A. No. 02/2022 which is an application for suspension of sentence and grant of temporary bail to the Appellant.

By the impugned judgment dated 01.02.2021 passed by the learned Additional Sessions Judge, Bhanupratappur, District North Baster Kanker (C.G.) in Special ST No. 20/2019, the appellant stands convicted, as under:-

                      Conviction                        Sentence

               U/s 450 of IPC           : R.I. for 3 years and fine of
                                            Rs.1000/-, in default of payment of
                                  fine, 1 month R.I.

 U/s 376(2) of IPC              : R.I. for 10 years and fine of Rs.
                                 1,00,000/-, in default of payment of
                                 fine, 6 months R.I.

Sentences are directed to run concurrently. The matter has been directed to be listed on 09th November, 2022 for hearing on application for suspension of sentence and grant of bail.

Learned counsel for the appellant would submit that the appellant has already solemnized marriage with the victim and they were living together before the appellant was put behind bar. Out of their relationship one girl child has born and they looking after them carefully.

Learned counsel for the appellant would further submit that appellant has moved application for registration of marriage before the Registrar-cum-District Collector, Kanker for registration of marriage. Learned Registrar-cum-District Collector, Kanker has issued notice to the appellant for their appearance on 26.10.2022, therefore, the present temporary bail application has been filed.

Learned State counsel opposes the prayer for grant of temporary bail and would submit that this is not a situation where prayer for interim bail can be considered by this Court.

Considering the submission that presence of both husband and wife are required for registration of marriage, 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 is allowed.

The Appellant is directed to be released on temporary bail for a period from today i.e. 21.10.2022 to 2 nd November, 2022 immediately on his furnishing bail bond of Rs.15,000/- with one surety for the like sum to the satisfaction of the trial Court.

It is directed that the Appellant shall surrender himself on 3rd November, 2022 at 11:00 am before the trial Court.

It is ordered that appropriate measures shall be taken by the trial Court for release of the Appellant and his surrender on 3rd November, 2022 and thereafter, he shall be taken into custody and sent to jail.

List this appeal on 9th November, 2022.

Sd/-

(Narendra Kumar Vyas) Vacation Judge

Deshmukh