Rahul Jangde vs State Of Chhattisgarh
2022 Latest Caselaw 5923 Chatt

                                                                              NAFR
               HIGH COURT OF CHHATTISGARH, BILASPUR

                                 CRA No. 998 of 2021

 1.     Rahul Jangde S/o Santram Jangde, Aged About 18 Years, R/o Village
        Rahod, Thana Shivrinarayan, District Janjgir Champa (C.G.).

                                                                       ----Appellant
                                                                             (In Jail)
                                       Versus
  1.    State Of Chhattisgarh, Through Police Station Urga, District Korba
        (C.G.).
                                                                    ---- Respondent

21/09/2022 Mr. Sanjay Agrawal, Counsel for the appellant.

Mr. Kapil Maini, P.L 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 03/08/2021 passed by Upper Sessions Judge(F.T.C)/Special Court-POCSO Act, 2012 Korba, District Korba (C.G.) in Special Case (POCSO) No. 35/2019, the appellant stands convicted and sentenced as under:-

Conviction Sentence Under Section 363 of IPC. R.I. for 4 years and fine of Rs. 500/-, in default of payment of fine additional R.I. for 2 months.

Under Section 4 of the R.I. for 20 years and fine of Rs. POCSO Act, 2012 2,000/-, in default of payment of fine additional R.I. for 4 months.

(Both the sentences were directed to run concurrently) The aforesaid application has been filed on the ground that grand mother of the appellant namely Smt. Punit Bai Jangde has died on 13/09/2022 and her subsequent rituals (Dasgatra) is on 21/09/2022 for which presence of appellant is very much required. Alongwith this application an affidavit of father of the appellant as well as the death certificate issued by Nagar Panchayat Rahaud (Annexure D/1) and the certificate issued by Parshad of Ward No. 2, Nagar Panchayat Rahaud, District Janjgir-Champa (C.G.) have been filed.

State Counsel submits that certificate attached as Annexure D/1 is genuine.

Considering the reasons assigned in the application for grant of interim bail which is supported by the affidavit of father of the appellant, as also the death certificate of grand mother of the appellant which has been duly verified by the State counsel, we deem it proper to allow I.A. No. 02/2022 i.e. application for grant of temporary bail only. Accordingly, it is directed that the appellant shall be released on temporary bail from today i.e. 21/09/2022 till 27/09/2022 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 28/09/2022. 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.

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


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