LAKHESHWAR PRASAD Vs. STATE OF C.G.
HIGH COURT OF CHHATTISGARH
STATE OF C.G.
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(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
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
In view of this order, I.A. No. 4216 of 2004 stands disposed of.
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