Afsar Khan vs State Of Chhattisgarh
2021 Latest Caselaw 13 Chatt

                   HIGH COURT OF CHHATTISGARH, BILASPUR
                                       Order Sheet
                                    CRA No. 252 of 2021
       Afsar Khan S/o Hanif Khan Aged About 25 Years R/o Village Vamriya , In Front Of
        Hanuman Mandir, Police Station Khacharor, District Ujjain Madhya Pradesh
        Presently R/o Parijat Colony 14-F, Talpuri, Bhilai District Durg Chhattisgarh.,
        District : Durg, Chhattisgarh
                                                                              ---- Appellant
                                           Versus

       State Of Chhattisgarh Through District Magistrate, Durg, District Durg Chhattisgarh.,
        District : Durg, Chhattisgarh
                                                                               --Respondent

01/04/2021 Shri Pragalbh Sharma, counsel for the appellant.

Shri Dinesh Tiwari, Dy. G.A. for the State.

Heard on I.A.No.1/2021, for suspension of sentence and grant of bail to the appellant.

By the impugned judgment dated 02.02.2021 passed by the Sessions Judge, Durg, District Durg (CG) in Sessions Trial No. 129/2018, the appellant stands convicted under Sections 365 r/w 34 and 392 r/w 34 of the IPC and sentenced to undergo R.I. 3 years and fine of Rs.100/-; and R.I. for 5 years and fine of Rs.100/- with default stipulations. Both the sentences were directed to run concurrently.

Learned counsel for the appellant submits that the appellant has been falsely implicated in this case. He submits that the appellant has already completed more than half of his sentence and he will not misuse the liberty. He further submits that disposal of appeal may likely to take some time, therefore, the appellant may be released on bail.

On the other hand, learned counsel for the State opposes the bail prayer for bail.

Having heard learned counsel for the parties, having regard to the facts and circumstances of the case, in particular, more than half of the sentence has been completed by the appellant and disposal of this appeal is likely to take some time, without expressing any opinion on 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 (IA No.1/2021) 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 for a 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 trial court on 5th July, 2021 and thereafter continue to appear there on all such dates as are given to him by the said court till the disposal of this appeal.

Sd/ (Gautam Chourdiya) Judge

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