Tirath Yadav vs State Of Chhattisgarh
2021 Latest Caselaw 1683 Chatt

             HIGH COURT OF CHHATTISGARH, BILASPUR

                                  Order Sheet

                             CRA No. 76 of 2017

• Tirath Yadav S/o Mohit Yadav, Aged About 32 Years R/o Khaira Datan, Police
  Chowki Lavan, Police Station Kasdol, District Baloda Bazar Bhatapara,
  Chhattisgarh.,

                                                               ---- Appellant (In Jail)

                                     Versus

• State Of Chhattisgarh Through Station House Officer, Police Station Kasdol,
  District Baloda Bazar Bhatapara, Chhattisgarh.

                                                                     ---- Respondent

10.08.2021 Mrs. Itu Rani Mukherjee, Counsel for the appellant.

Mr. Gagan Tiwari, Dy. G.A. for the State.

Heard on I.A. No. 01/2021, application for suspension of sentence and grant of bail.

The appellant has been convicted by the judgment/ order dated 26.07.2016 passed by the learned Session Judge Baloda Bazaar- Bhatapara Distt. Baloda Bazaar (C.G.) in Sessions Trial No. 29/2014 for the offence punishable under Section 304 Part-II of IPC and sentenced to undergo R.I. for 10 years with fine of Rs.200/- with usual default stipulations.

Learned counsel for the appellant would submit that the maximum sentence awarded to the appellant is R.I. for 10 years and the appellant is in jail since 30.03.2014 thereby he has already undergone/ suffered more than 50% of the jail sentence. He further submits that the appeal is of the year 2017 and the hearing of the appeal may take some time, therefore, the substantive jail sentence imposed upon the appellant may be suspended and he may be released on bail.

Learned State counsel do not dispute the fact that the appellant has completed more than half of the jail sentence.

Considering the fact that by now the appellant has suffered more than 50% of the jail sentence awarded to him as also the fact that the appeal is of the year 2017 and hearing on merits will likely to take time, I am inclined to suspend the sentence and release the appellant on bail.

Accordingly, I.A. No.01/2021 application for suspension of sentence and grant of bail is allowed.

Execution of further substantive jail sentence imposed on the appellant shall remain suspended and he is directed to be released on bail on his executing a personal bond for a sum of Rs.25,000/- with one surety for the like sum to the satisfaction of the concerned Trial Court for his appearance before the Registry of this Court on 28th October 2021. He shall thereafter appear before the concerned Trial Court on a date to be given by the Registry of this Court and shall continue to appear there on all such subsequent dates as are given to him by the said Court, till the disposal of this appeal.

Accordingly, I.A. No. 02/2021 application for urgent hearing stands disposed off.

           [ending second application for                     sd/-

                                                        (Goutam Bhaduri)
                                                                Judge



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