Chattisgarh High Court
Gendram Jangade vs State Of Chhattisgarh on 30 September, 2022
1
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
CRA No. 689 of 2017
1. Kunjram Jangde S/o Late Sundarwa Jangde, Aged About 60 Years
2. Bundaram Jangde S/o Late Sundarwa Jangde, Aged About 56 Years
3. Chandraprakash Jangde @ Chandu S/o Bundram Jangde, Aged About 25
Years
4. Hariram Janjgde S/o Kunjram Janjgde Aged About 25 Years
5. Bholu Dhritlahre S/o Sarju Dhritlahre, Aged About 28 Years
No. 1 to 5 are R/o Village Bodsara, at Present Village- Kaneri, Police
Station- Chakarbhatha, District- Bilaspur, Chhattisgarh.
6. Ishwar Jangde S/o Kunjram Jangde, Aged About 19 Years
7. Nayandas Jangde @ Chainudas S/o Bundram Jangde, Aged About 23
Years
8. Heeradas Jangde S/o Kunjram Jangde, Aged About 38 Years
9. Jhukam Bai W/o Late Sundarwa @ Sunderlal Jangde Aged About 78 Years
No.6 to 9 are R/o Village- Kaneri, Police Station- Chakarbhatha, District-
Bilaspur, Chhattisgarh.
---- Appellants
Versus
State of Chhattisgarh Through the Station House Officer, Police Station
Chakarbhatha, District- Bilaspur, Chhattisgarh.
---- Respondent
&
CRA No.722 of 2017 & CRA No.725 of 2017
30.09.2022 CRA No.689 of 2017
Ms. Sharmila Singhai, Senior Advocate with Ms. Archi Agrawal,
Advocate for the appellants.
Ms. Meena Shastri, Additional Advocate General for the
State/respondent.
Heard on I.A. No. 02/2022, application for grant of temporary bail
to appellant No.1.
By the impugned judgment dated 09.03.2017 passed by 6th
Additional Sessions Judge, Bilaspur in Sessions Trial No.31 of 2016,
appellant No.1 stands convicted and sentenced as under:-
Conviction Sentence
Under Section 148 of IPC R.I. for 1 year and fine of Rs.100/- in
default of payment of fine, 1 month
additional R.I.
Under Section 452 read R.I. for 1 year and fine of Rs.100/- in
with Section 149 of IPC default of payment of fine, 1 month
additional R.I.
Under Section 427 of IPC R.I. for 6 months
Under Section 302 read For life imprisonment and fine of
with Section 149 of IPC Rs.100/- in default of payment of fine,
1 month additional R.I.
Under Section 323 read R.I. for 6 months
with Section 149 of IPC
(three times)
All the sentences were directed to run concurrently)
The aforesaid application has been filed on the ground that
appellant No.1 Kunjram Jangde who is more than 60 years has been
operated C3C4C5 Laminectomy with Decompression of Cord Done on
17.09.2022 and further he has been advised complete bed rest for one
month. She submits that though the application was filed for extension of
parole, which ended on 29.09.2022, Collector has rejected the same on
the ground that no provision exists for extension of parole. Therefore,
under medical emergency, appellant No.1 may be enlarged on
temporary bail for a period of 1 month. Alongwith this application medical
documents issued by Shree Medishine Hospital have been filed as
Document A.
State Counsel submits that she may be given time to verify the
aforesaid fact.
Considering the reasons assigned in the application for grant of
temporary bail to appellant No.1 that he has undergone surgery on
17.09.2022 for C3C4C5 Laminectomy with Decompression of Cord done
and the doctor had advised him to take complete bed rest for one month,
which is supported by the Document A, 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 appellant No.1 shall be released on temporary bail up-
till 31.10.2022 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 No.1 shall surrender before the concerned trial Court positively
on 01.11.2022. After surrender of the appellant No.1, the trial Court shall
inform about the same to this Registry.
Accordingly, the application (I.A. No. 02 of 2022) is allowed.
List this case along with CRA No. 722 of 2017 and CRA No. 725
of 2017.
Certified copy today. Copy to day itself
Sd/- Sd/-
(Goutam Bhaduri) -(Radhakishan Agrawal)
Judge Judge
Yogesh
