Surendra Sharma Alias Thakur vs The State Of Madhya Pradesh
2021 Latest Caselaw 6997 MP

                                                                            1                           CRA-2543-2020
                                               The High Court Of Madhya Pradesh
                                                          CRA-2543-2020
                                                 (SURENDRA SHARMA ALIAS THAKUR Vs THE STATE OF MADHYA PRADESH)

                                       9
                                       Jabalpur, Dated : 28-10-2021
                                             Shri Mahendra Pateriya, learned counsel for the appellant.
                                             Shri Santosh Yadav, learned P.L. for the respondent/State.

Heard on I.A. No.18649/2021which is repeat (second) application for temporary bail.

The appeal has been preferred under Section 374(2) of the

Cr.P.C.,1973 b y the appellant/accused against judgment dated 26.09.2019 passed by learned Additional Sessions Judge, Budhar, District-Shahdol (MP) in Special Session Trial No. 400117/2011, by which the appellant has been convicted under Sections 302/34 of IPC and sentenced to undergo Life Imprisonment with fine of Rs.1000/-, Section 449/34 of IPC and sentenced to undergo R.I. for 10 years with fine of Rs. 200/-, Section 427/34 of IPC and sentenced to undergo R.I. for 1 year with find of Rs. 100/- and Section 323/34 of IPC and sentenced to undergo R.I. for 1 years. Default stipulation has also been imposed by the trial Court.

Learned counsel for the appellant by placing reliance on document dated 14.10.2021 urged that South Eastern Coal Fields Company Ltd. has issued this letter directing that presence of appellant is necessary. So that the compensation can be paid to him. In order to complete the formalities, the appellant prayed for grant of temporary bail for a period of one month.

Learned Panel Lawyer has no objection. However, it is urged that one month's time is not required to undertake the said exercise.

We find substance in the arguments of Shri Santosh Yadav. As per letter dated 14.10.2021, it is clear that presence of appellant is necessary for completing the formalities by the appellant for which fifteen day's™ time will be sufficient in our opinion.

Signature Not Verified SAN Considering the aforesaid, we deem it proper to grant temporary bail to

Digitally signed by LALIT SINGH RANA Date: 2021.10.28 17:53:34 IST 2 CRA-2543-2020 the appellant-Surendra Sharma @ Thakur for a period of fifteen days. The appellant shall be released from the custody and he shall report back to concerned Jail on 15 day from the date of his release. The said release shall be subject t o furnishing bail bond and surety i n the s um o f Rs.50,000/- (Rupees Fifty thousand only) to the satisfaction of trial Court.

List the case after three weeks.

C.c as per rules.

                                          (RAJENDRA KUMAR SRIVASTAVA)             (RAJENDRA KUMAR (VERMA))
                                                    JUDGE                                       JUDGE

                                       L.R.




Signature Not Verified
  SAN




Digitally signed by LALIT SINGH RANA
Date: 2021.10.28 17:53:34 IST