Rahul Bhadoriya vs State Of Chhattisgarh
2021 Latest Caselaw 57 Chatt

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                HIGH COURT OF CHHATTISGARH, BILASPUR
                             Order Sheet

                                  CRA No. 525 of 2020

      Rahul Bhadoriya, S/o Ramkaran Singh Bhadoriya, Aged About 30 Years, R/o
       Village Dhurvapara, Tongpal, P.S. Tongpal, District Sukma, Chhattisgarh.

                                                                   ---- Appellant

                                          Versus

      State of Chhattisgarh, Through: Police Station Tongpal, District Sukma,
       Chhattisgarh.

                                                                   ---- Respondent

(Proceedings through Video Conferencing)

07.04.2021 Shri Varun Mishra, Advocate on behalf of Shri Rakesh Pandey, counsel for the Appellant.

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

Heard on Admission.

Admit.

Heard on I.A. No.01/2020, application for suspension of sentence and grant of bail.

By the impugned judgment dated 24.02.2020 passed by the Additional Sessions Judge (F.T.C.) Dantewada (C.G.) in Sessions Case No. 234/2018, the appellant stands convicted and sentenced as under:

Conviction Sentences Under Section 306 of IPC R.I. for 7 years with fine of Rs. 200/- and in default of payment of fine additional imprisonment for one month.

Learned counsel for the appellant submits that there is no reliable evidence against the present appellant to involve him in this case, essential ingredients of the offence for convicting the appellant are missing, the appellant is in jail since 01.06.2018, there are no evidence available on record the prove the offence against him and he has no criminal antecedents and disposal of this appeal is likely to take some time, therefore, the appellant be released on bail.

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

Heard learned counsel for the parties.

Considering the facts and circumstances of the case, evidence available on record, the maximum sentence awarded to the appellant is 7 years, he in jail since 01.06.2018, he has no criminal antecedents, the appeal will take some time for its disposal and the reasons mentioned in the application (I.A. No.1), the same 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.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the trial Court. He shall appear before the Registry of this Court on 26th of July, 2021 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. The appellant shall not involve himself in any offence of similar nature in future.

List the case for final hearing in due course.

Certified copy as per rules. ist Sd/-

(Gautam Chourdiya) Judge

Nadim