Chattisgarh High Court
Nahar Sahoo vs State Of Chhattisgarh on 12 April, 2021
1
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
Cr.A. No. 206 of 2006
Nohar Sahoo S/o Lekh Ram, Aged about 25 years, R/o Shakti Nagar, P.S. Mohan Nagar,
Durg, District Durg (C.G.)
Versus
State of Chhattisgarh, Through P.S. Mohan Nagar, Durg, District Durg (C.G.)
12/04/2021
Shri Uttam Pandey, Advocate for the appellant.
Shri D.K. Tiwari, Deputy Government Advocate for the State.
As per office report dated 05.11.2020, the applicant was not present
before the Registry of this Court as directed by office order dated 18.06.2020.
In compliance of order dated 17.02.2021, non-bailable warrant was
issued against the appellant for his production before this Court on 12.04.2021
and earlier bail bond of the appellant was cancelled. Today, the appellant is
produced in person before Help Desk of this Court by Khemraj Patel, A.S.I.,
Rakshit Kendra, Durg.
Now, Additional Registrar (Judicial) is directed to mark the presence of
the appellant Nohar Sahoo and prepare a jail warrant to send him back to the
concerned jail.
Heard on I.A. No. 01 of 2021, application for recalling of arrest warrant
and release of appellant on bail.
By the impugned judgment dated 27.02.2006 passed by the Second
Additional Sessions Judge, Durg (C.G.) in S.T. No. 165/2004, the appellant
stands convicted and sentenced as under:
Conviction Sentences
Under Section 366 of the Indian R.I. for seven years and fine of
Penal Code (hereinafter referred Rs.5,000/-, in default of
to as the 'IPC') payment of fine to further
undergo R.I. for six months
Under Section 376 of IPC R.I. for seven years and fine of
Rs.5,000/-, in default of
payment of fine to further
undergo R.I. for six months
Both the sentences to run concurrently
Learned counsel for the appellant submits that now he is not pressing
for recalling of arrest warrant as it has been already executed, but he is
requesting for releasing the appellant on bail. He submits that only on one
date i.e. on 05.11.2020 the appellant could not appear before the Registry of
this Court due to Covid-19 pandemic.
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 the appellant and to release him on bail.
Accordingly, the application (I.A. No. 1 of 2021) is allowed in part.
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 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
