Citation : 2024 Latest Caselaw 70 Chatt
Judgement Date : 20 June, 2024
1
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
CRA No. 1132 of 2022
• Dinesh Yadav S/o Ramsarikh Yadav Aged About 50 Years R/o Village
Mahendra (Barhad Bazar), P.S. Barhad Bazar, Distt. Gorakhpur (U.P),
Present Address - Sector 02, Street No. 03, Qr. No. - 33, Bhilai, Police
Station - Bhilai Bhatti, Distt. - Durg (C.G.).
---- Appellant
Versus
• State Of Chhattisgarh Through - Police Station Supela, Distt. Durg (C.G.).
---- Respondent
20.06.2024 Ms. Renu Kochar, Counsel for the Appellant.
Mr. Ajit Sigh, Govt. Advocate for the State/Respondent.
Heard on I.A. No.03/2024, an application for grant of
interim/temporary bail to the appellant.
By the impugned judgment of conviction and order of
sentence dated 03.06.2022 passed by the Additional Sessions
Judge, First Fast Track Court, Special Judge (POCSO Act), Durg,
District Durg (C.G.) in Special Sessions Case (POCSO)
No.20/2019, the Appellant stands convicted under Section 377/511
of IPC and sentenced to undergo RI for 05 years and to pay fine of
Rs.500/- and RI for 01 month in case of default of payment of fine
amount, under Section 506 (B) of the IPC and sentenced to
undergo RI for 06 months and to pay fine of Rs.100/- and RI for 01
month in case of default of payment of fine amount and under
Section 4/18 of the POCSO Act, 2012 and sentenced to undergo RI
for 05 years and to pay fine of Rs.2,000/- and RI for 01 month in
case of default of payment of fine amount.
Learned counsel appearing for the appellant submits that the
ground for interim/temporary bail is that father of the appellant has
died on 19.06.2024 and the death ceremony has to be done by the
son and the appellant is in jail since 28.01.2019 to 18.04.2019 and
from 03.06.2022. Copy of 'Shok Sandesh Patra' and hospital bed
head ticket is annexed as Annexure-C/1, therefore, it is prayed that
the appellant may be released on interim bail from 20.06.2024 to
04.07.2024.
Learned counsel for the State opposes the prayer made by
learned counsel for the appellant.
Considering the facts and circumstances of the case,
submission made by learned counsel for the appellant and on
perusal of the documents, I have found that father of the appellant
namely Ramsarikh Yadav had died on 19.06.2024. It is directed that
appellant be released on interim/temporary bail from 20.06.2024 to
04.07.2024 his furnishing a personal bond for a sum of Rs.10,000/-
with one surety of the like sum to the satisfaction of the concerned
Trial Court. He shall positively surrender before the concerned Trial
Court on 05.07.2024 by 01:00 PM.
List this case for final hearing after four weeks.
Learned State counsel is directed to submit reply on the next
date of hearing.
C.C. Today.
Sd/-
(Arvind Kumar Verma) Judge
Vasant
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