Harish Chandrawanshi vs State Of Chhattisgarh
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Chattisgarh High Court

Harish Chandrawanshi vs State Of Chhattisgarh on 24 March, 2025

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                              HIGH COURT OF CHHATTISGARH AT BILASPUR
           Digitally signed
           by GOURI
GOURI      MUDALIAR
MUDALIAR   Date: 2025.03.25

                                                CRA No. 857 of 2023
           17:27:06 +0530




                     Harish Chandrawanshi S/o Late Shri Govind Lal Chandrawanshi
                     Aged About 25 Years R/o Village- Medha, Thana - Dongargarh,
                     District : Rajnandgaon, Chhattisgarh                    ... Appellant


                                                       versus


                     State Of Chhattisgarh Through The District Magistrate, Durg, District :
                     Durg, Chhattisgarh                                     ... Respondent

Order Sheet

24/03/2025 Shri Veer Verma, counsel for the Appellant.

                                         Shri     Neeraj       Sharma,   Dy.A.G.       for   the
                                   State/Respondent.

Heard on I.A. No.03/2025, application for grant of temporary bail.

By the impugned judgment of conviction and sentence dated 17/02/2023, passed by the learned Additional Sessions Judge, 4th Fast Track Court, Durg, Special Court

POCSO Act, 2012 (C.G.) in Special Criminal Case (POCSO) No.112/2019, the appellant stands convicted and sentenced as under:

Conviction Sentence In Default U/s 376 (2)(n) of RI for 10 years In default of fine IPC and fine of additional RI for 1 Rs.10,000/- year.

Learned counsel for the appellant contended that the ground for temporary bail of appellant is that his mother namely Smt. Urmila is an old lady aged about 68 years and she is suffering from abdominal disease i.e. Inguinal Hernia. He submits that appellant's mother needs surgery, hence she was admitted in District Hospital, Durg on 16/01/2025 for surgery. He would submit that he is the only son and his father has died. He would submit that there is no any other person in the family to take care of his mother who was admitted in the District Hospital, Durg for surgery of Inguinal Hernia, hence, it is prayed that appellant may be released on temporary bail for a period of 30 days.

Learned counsel for the State/respondent opposes the submission made by learned counsel for the appellant.

I have heard learned counsel appearing for the parties and perused the judgment passed by the learned trial Court and other material available on record with utmost circumspection.

State has verified the fact that mother of appellant has

undergone surgery and her pelvic bone has fractured. State has placed the document with regard to above fact, document is taken on record.

Considering the facts and circumstances of the case and also considering the fact that appellant as a son has the responsibility to take care of his mother after the operation as there is no other family member to take care of her. Hence, only on humanitarian ground, I am of the considered view that it is a fit case where such an application (I.A. No.03/2025) should be allowed.

It is directed that Appellant- Harish Chandrawanshi be released on temporary bail from 25/03/2025 to 16/04/2025 on his furnishing a personal bond for a sum of Rs.5,000/- 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 17/04/2025 till 11 A.M.

Learned counsel for the appellant is directed to inform this Court that the appellant has surrendered before the concerned trial Court.

List the case for final hearing on 24th April, 2025.

Sd/-

(Arvind Kumar Verma) Judge gouri