Manoj Gond And Anr vs State Of Chhattisgarh
2021 Latest Caselaw 75 Chatt

                                                 1

                     HIGH COURT OF CHHATTISGARH, BILASPUR
                                           Order Sheet
                                      Cr.A. No. 1000 of 2014
    1.

Manoj Gond S/o Sahdev Gond, Aged about 22 years

2. Ramashankar S/o Mangalu Gond, Aged about 24 years, Both R/o Village - Bugdoli, Police Station - Sitapur, District (Revenue & Civil) -Surguja (C.G.)

Versus  State of Chhattisgarh, Through : District Magistrate Surguja at Ambikapur, District (Revenue & Civil) - Surguja (C.G.)

08/04/2021 Shri Tarun Dadsena, Advocate for the appellants.

Shri Vimlesh Bajpai, Government Advocate for the State.

In compliance of order dated 25.01.2021, non-bailable warrant was

issued against appellant No.2 Ramashankar for his production before this

Court on 08.04.2021 and earlier bail bond of appellant No.2 was cancelled.

Today, appellant No. 2 is produced in person before this Court by

Chandraprakash Kerketta, A.S.I., Police Line Ambikapur, Surguja.

Now, Additional Registrar (Judicial) is directed to mark the presence of

Appellant No.2 Ramashankar and prepare a jail warrant to send him back to

the concerned jail.

Heard on I.A. No. 01 of 2021, application under Section 389 of Cr.P.C.

for suspension of sentence and grant of bail to Appellant No.2 Ramashankar.

By the impugned judgment dated 19.09.2014 passed by the Sessions Judge Surguja (Ambikapur), C.G. in Sessions Case No. 146/2013, appellant No.2 stands convicted and sentenced as under:

                                Conviction                             Sentences
                    Under Section 201 of the Indian         R.I. for two years and fine of
                    Penal Code (hereinafter referred        Rs.500/-, in default of payment
                    to as the 'IPC')                        of fine to further undergo R.I.
                                                            for two months

Looking to Covid-19 pandemic and the consequent lockdown, I am of

the opinion that present is a fit case to suspend the jail sentence imposed

upon appellant No.2 and to release him on bail.

Accordingly, the application (I.A. No. 1 of 2021) is allowed.

It is directed that the execution of substantive jail sentence imposed

upon appellant No.2 Ramashankar 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 trial

Court on 07th July, 2021 and thereafter continue to appear there on all such

dates as are given to him by the said Court till disposal of this appeal.

Certified copy as per rules.

Sd/-

(Gautam Chourdiya) Judge

vatti