NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
Proceedings Through Video Conferencing
CRA No. 1369 of 2021
Rajesh Netam, S/o Devnarayan Netam, aged about 23 Years, R/o Village
Fudhardhab, Police Station Keregaon, District Dhamtari, Chhattisgarh.
----Appellant
Versus
State of Chhattisgarh, Through Station House Office, Police Station Keregaon,
District Dhamtari, Chhattisgarh.
---- Respondent
13/01/2022 Mr. Ravindra Sharma with Mr. Anil Gulati, Advocates for the appellant.
Mr. Kashif Shakeel, Deputy A.G. for the State. Heard on I.A. No.01 of 2021, application for suspension of sentence and grant of bail to the appellant.
By the impugned judgment dated 27.10.2021 passed by the Sessions Judge, Dhamtari, C.G., in Sessions Trial No.35/2019, the appellant stands convicted and sentenced as under:
Conviction Sentence Under Section 306 of Indian Rigorous Imprisonment for five Penal Code years and fine of Rs.500/-, in default of payment of fine amount to undergo further additional rigorous imprisonment for one month Considering the facts and circumstances of the case, the evidence available on record, the fact that the appellant was on bail during trial and did not misuse the liberty granted to him, the appellant has already deposited the entire fine amount with the concerned trial Court and that due to COVID-19 pandemic, disposal of the appeal is likely to take some time, without expressing any opinion on the merits of the case, I am of the opinion that present is a fit case to suspend the jail sentence imposed upon the appellant and to release him on bail.
Accordingly, the application (I.A. No.01 of 2021) is allowed. It is directed that the execution of substantive jail sentence imposed upon the appellant shall remain suspended during the pendency of this appeal and he shall be released on bail on his furnishing a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the trial Court. He shall appear before the Registry of this Court on 09.05.2022 and thereafter appear before the trial Court on a date to be given by the Registry and thereafter continue to appear before the trial Court on all such dates as are given to him by the said Court till disposal of this appeal.
List the case for final hearing in due course.
Sd/-
Gautam Chourdiya Judge Akhilesh