Decided on January 03,2005

Lakheshwar Prasad Appellant
STATE OF C.G. Respondents


- (1.) HEARD learned counsel for the respective parties on the question of admission of this appeal. The appeal is admitted for consideration. Also heard on the application [M.(Cri.)P. No. 3087 of 2004] filed for suspension of sentences imposed on accused/appellant No. 5 - Atmaram and grant of bail. Learned counsel appearing for accused/appellant No. 5 - Atmaram submitted that his client is ill with severe cardiac problem and considering that fact and also for the reason that his age is 72 years, he may be enlarged on bail. This Court directed learned Govt. Advocate to produce the latest medical report about the health of the said accused/appellant before this Court. The report is produced and it shows that in fact accused/appellant-Atmaram has cardiac problem and he is being treated in the Jail Hospital. Learned counsel submitted that accused-Atmaram desires to take medical treatment in a private hospital. Considering the facts and circumstances of the case, this Court is of the view that accused/appellant-Atmaram can be enlarged on bail. Accordingly, the application [M.(Cri.)P. No. 3087 of 2004] is allowed. Execution of the sentences imposed on accused/appellant - Atmaram shall remain suspended and he is directed to be released on bail on his executing a bond in the sum of Rs. 5,000/- (Rupees Five Thousand Only) with two sureties for the like sum to the satisfaction of the trial Court for his appearance before the Registry of this Court on 10-2-2005. He shall thereafter continue to appear on all such subsequent dates as are given to him, till the disposal of this appeal. Learned counsel appearing for accused/appellant No. 1 namely Lakheswar Prasad states that he is not pressing M.(Cri.)P. No. 3068 of 2004. The application [M.(Cri.)P. No. 3068 of 2004] is dismissed as not pressed. In view of this order, I.A. No. 4216 of 2004 stands disposed of. Bail Granted.;

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