Krishna Kumar Rangare vs State Of Chhattisgarh
2022 Latest Caselaw 5994 Chatt

                                                                                      NAFR

             HIGH COURT OF CHHATTISGARH, BILASPUR

                                CRA No. 184 of 2021

 • Krishna Kumar Rangare, S/o Shri Koduram Rangare, Aged About 56 Years, R/o
   Balaghat (M.P.) Presently residing at Iland Colony, Vidhansabha, Raipur,
   District- Raipur, Chhattisgarh.

                                                                         ---- Appellant

                                     Versus

 • State of Chhattisgarh Through: Station House Officer, Police of Police Station
   Mana Camp, Raipur, District- Raipur, Chhattisgarh.

                                                                      ---- Respondent

23/09/2022 Shri T.K. Jha, Counsel for the Appellant.

Shri Ishwar Jaiswal, P.L. for the State/respondent.

Heard on I.A. No. 06/2022, an application for extension of Interim Bail which was granted on 24.08.2022.

By the impugned judgment of conviction and order of sentence dated 25.01.2021 passed by the learned Additional Sessions Judge/Second FTC, Special Court, Raipur, District- Raipur, Chhattisgarh in Special Criminal (POCSO) Case No. 83/2018, the appellant stands convicted as under:-

Conviction Sentence

U/s 376 (2)(>), punishable U/s R.I. for 10 years and fine of Rs. 5000/- 376(2) alternatively Section and in default of payment of fine, further 376(3) punishable U/s 376(2) R.I. for 3 months (>), punishable U/s 376(2) of IPC

U/s 376 (2)(p), punishable U/s R.I. for 10 years and fine of Rs. 10000/- 376(2) alternatively Section and in default of payment of fine, further 5(<) punishable U/s 6 of POCSO R.I. for 3 months. Act, according to punishable U/s 42 of the Act, U/s 376(2)(p), Both the sentences shall run punishable U/s 376(2) of IPC concurrently.

Learned counsel for the appellant submits that appellant is suffering from serious heart problem and has been advised for by- pass surgery and because of non-availability of operation facility at medical college Raipur, his operation could not be performed at that time and in support of which, medical documents has been filed therein as 'Annexure A/3'. He next submits that this Court has pleased to grant interim bail to the appellant for one month on the ground of advice for by-pass surgery vide order dated 24.08.2022 and the appellant is directed to surrender before trial Court concerned on 24.09.2022, now the health condition of the appellant is very deteriorated and the by-pass surgery is necessary for his life but the facility of by-pass surgery is not available in the said hospital due to some technical problem therefore, appellant is seeking another hospital for his better treatment. Therefore, the interim bail granted to the appellant may be extended for further two months.

On the other hand, learned counsel for the State opposes the extension of the interim bail of the appellant however, he admits the fact that appellant was advised for angioplasty surgery.

I have heard learned counsel for the parties and perused the medical documents of the appellant annexed therein.

After going through the application and the documents submitted by the appellant and considering the facts and circumstances of the case, I.A. No. 06/2022 is allowed. The applicant is granted extension of interim bail.

It is directed that the applicant shall positively surrender himself before the concerned trial Court on 24.11.2022.

List this case in its due course.

Sd/-

(Rajani Dubey) Judge

H.L. Sahu