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2004 DIGILAW 228 (CHH)

ABDUL RAIES KHAN v. STATE OF CHHATTISGARH

2004-12-09

DHIRENDRA MISHRA, FAKHRUDDIN

body2004
FAKHRUDDIN, DHIRENDRA MISHRA, JJ. ( 1 ) HEARD on l. A. No. 4767/2004 for exemption from filing typed copies of the documents. ( 2 ) THE prayer is not opposed by other side. The application is allowed. The appellants are exempted from filing typed copies of the documents. ( 3 ) ALSO heard on M. (Cr.) P. No. 3463/2004 for grant of temporary bail to the appellants No. 1, 2 and 3. ( 4 ) SHRI Kochar, learned counsel for the appellants submits that the mother of appellants No. 2 and 3 and the grand-mother of appellant No. 1 died on 4/12/2004. The death certificate is filed as Annexure-A. He further submits that the appellants No. 1, 2 and 3 are required to perform the 10th, 20th and 40th day ceremonies of the deceased Smt. Nasceeban Bee. Shri Kochar, prays for grant of temporary bail to the appellants No. 1, 2 and 3. ( 5 ) SHE Deo, learned Govt. Advocate for the State submits that the State authorities verified about the death of the deceased and they also verified that the ceremonies have to take place. The bail application is not opposed. ( 6 ) HAVING considered the facts and circumstances of the case and material on record, it is directed that the appellants No. 1, 2 and 3 Abdul Raies Khan and Baba, Abdul Rafiq Khan and Abdul Saffiq Khan be enlarged on temporary bail for a limited period on their furnishing personal bonds in the sum of Rs. 10,000. 00 with one surety of the like amount to the satisfaction of the Chief Judicial Magistrate. The bond shall contain photograph, crime number and the details of the immovable and movable properties of the appellants. Before accepting the bond, copy of the same shall be handed over to the prosecution. It is made clear that the appellants shall positively surrender on 17th January, 2005 and during this period they shall also attend the Police Station concerned on every Sunday in between 2. 00 p. m. to 4. 00 p. m. If they do not surrender on 17th January, 2005, the Chief Judicial Magistrate will take action including the issuance of non-bailable warrant and submit the report to this report. Accordingly, M. (Cr.) P. No. 3463/2004 stands disposed of. Certified copy as per rules. Petition disposed of. --- *** --- .