Jamit Singh @ Banti Sardar vs State Of Chhattisgarh
2022 Latest Caselaw 5918 Chatt

                                                                               NAFR
                HIGH COURT OF CHHATTISGARH, BILASPUR

                                  CRA No. 128 of 2018

  1.     Jamit Singh @ Banti Sardar S/o Jaswant Singh Mehra Aged About 32
         Years R/o Sharda Para Camp-2, J. P. Nagar Near Yadav Kirana Store,
         Bhilai, Tahsil And District Durg (C.G.).
                                                              ----Appellant
                                                                    (In Jail)
                                        Versus
  1.   State Of Chhattisgarh Through Police Station Chhawni, District Durg (C.G.).
                                                                      ---- Respondent

with CRA No. 1806 of 2017

Narendra Sahu @ Kharru Versus State Of Chhattisgarh with CRA No. 58 of 2018 Santosh Baghel Versus State Of Chhattisgarh

21/09/2022 Mr. Manish Upadhyay, Counsel for the appellant in CRA No. 1806 of 2017.

CRA No. 128 of 2018

Mr. B.P. Singh, Counsel for the appellant.

Ms. Ruchi Nagar, Dy. Govt. Advocate for the State/respondent.

Heard on I.A. No. 02/2022, application for grant of temporary bail to the appellant.

By the impugned judgment dated 09/11/2017 passed by 1 st Additional Sessions Judge, Durg, District Durg (C.G.) in S.T. No. 50/2014, the appellant stands convicted and sentenced as under:-

Conviction Sentence Under Section 302/34 of R.I. for life and fine of Rs. 500/-, in IPC. default of payment of fine additional R.I.

for 3 months.

Under Section 201 of IPC. R.I. for 03 years and fine of Rs. 500/-, in default of payment of fine additional R.I. for 3 months.

Under Section 27 of the R.I. for 03 years and fine of Rs. 500/-, in Arms Act. default of payment of fine additional R.I.

for 3 months.

(All the sentences were directed to run concurrently)

The temporary bail has been sought for on the reason that appellant Jamit Singh @ Banti Sardar is to get married under the Special Marriage Act. He stated that while the appellant was released on parole and thereafter an affidavit was executed on 17/08/2022 and he is again been arrested. It is further submitted that the date of marriage is fixed on today i.e. 21/09/2022, as per Annexure A-1. However, two days time has been sought so that the marriage fixed on 23/09/2022. Therefore, the temporary bail of the appellant may be granted.

Learned State Counsel was directed to verify the facts by this Court on the last date of hearing i.e. 14/09/2022.

Learned Counsel for the State would submit that despite sending communication nothing has been heard from the authority concern.

Having considered the entire facts and circumstances of the case and particularly considering Annexure A-1, which is copy of the order sheet of the Officer of Special Marriage Act and the attached documents, we deem it proper to allow I.A. No. 02/2022 i.e. application for grant of temporary bail. Accordingly, it is directed that the appellant shall be released on temporary bail for a period of two weeks from today i.e. 21/09/2022 till 05/10/2022 on his furnishing a personal bond for a sum of Rs. 25,000/- with one surety to the satisfaction of the trial Court.

The appellant shall surrender before the concerned trial Court positively on 06/10/2022. After surrender of the appellant, the trial Court shall inform about the same to this Registry.

Accordingly, the application (I.A. No. 02 of 2022) is allowed.

Certified Copy today itself.

Criminal Appeal No. 1806 of 2017 and Criminal Appeal No. 58 of 2018 be listed alongwith CRA No. 128 of 2018.

                              -Sd/-                              -Sd/-
                        (Goutam Bhaduri)                 (Radhakishan Agrawal)
                             Judge                              Judge




Chandrakant