Hemlal Sahu vs State Of Chhattisgarh And Ors

Parth Prateem Sahu, J

Shri Sharma, learned counsel for the appellant submits that Registry has pointed out certain defaults. He submits that appellant has enclosed the

web copy of the impugned order which was downloaded from the official site. He submits that he will file certified copy of the impugned order after

obtaining it from the Registry within a period of two days. He further submits that to rectify the default No.2, he has filed today signed copy of the

application for grant of temporary bail along with relevant documents. He submits that looking to the nature of urgency his application for grant of

temporary bail may be considered today.

Learned counsel for the appellant is directed to file the certified copy of the impugned order by next date of hearing. The signed copy of the

temporary bail is placed on record as I.A. No.03/2021.

Heard on I.A. No.03/2021, which is an application for grant of temporary bail.

Learned counsel for the appellant submits that today the appeal has been sought to be listed for hearing on the application for grant of temporary

bail only. He is not pressing his appeal for consideration. He submits that appellant is a student pursuing his B.A. Part III studies and examination of

B.A. Part III is scheduled to be commenced on 01/06/2021 as per document annexed along with I. A. No. 03/2021. He submits that appellant may be

granted temporary bail to appear in the B.A. Part III examination otherwise career of the appellant will be ruined.

Shri Kishore Bhaduri, learned counsel for the respondents submits that this is a second appeal filed by appellant under the provisions of Section

21(4) of the National Investigation Agency Act, 2008. First appeal was dismissed as withdrawn on 31/03/2021 as Annexure A-1. He further submits

that as per documents placed on record with regard to the commencement of the examination of B.A. Part III as stated by learned counsel for the

appellant, the examination is to be held Online hence the appellant can appear Online from Jail itself.

Learned counsel for the appellant submits that the appellant can appear Online from the Jail but the mental status of the appellant for appearing in

examination that too B.A. Part III examination from the jail premise will be different than that if the appellant will be permitted to appeal from home.

He submits that as the temporary bail has been sought by the appellant to appear in examination which may effect his future career, he may be

granted temporary bail. He submits that appellant will surrender on the date as directed by the Court.

Taking into consideration the reasons assigned for grant of temporary bail in I.A. No.03/2021 and considering the fact that the result of the

examination of B.A. Part III may have wide effect, we are inclined to allow the application (I.A. No.03/2021) for grant of temporary bail. It is

directed that appellant shall be enlarged on bail for a period from 28/05/2021 upto 05/06/2021 upon his furnishing a personal bond for a sum of

Rs.25,000/- with one surety for the like amount to the satisfaction of the Trial Court.

Appellant shall surrender himself before the Trial Court on 06/06/2021.