Deepak Kumar Sinha @ Deepu vs State Of Chhattisgarh
2021 Latest Caselaw 1776 Chatt

                 HIGH COURT OF CHHATTISGARH, BILASPUR

                                  Order Sheet

                              CRA No. 825 of 2019

• Deepak Kumar Sinha @ Deepu, S/o Banwari Lal Sinha, Aged about 25 years,
  Occupation- Driver, R/o Village Bachra, Post Dada, Police Station Balumath,
  District Latehar (Jharkhand).

                                                                        ---- Appellant

                                     Versus

• State of Chhattisgarh, Through- The Station House Officer, Police Station- Rajpur,
  District Balrampur-Ramanujganj (C.G.).

                                                                    ---- Respondent

13.08.2021 Mr. Rakesh Kumar Jha, counsel for the Appellant.

Mr. Ghanshyam Patel, G.A. for the State/Respondent. Heard I.A. Nos. 01/2019 & 03/2021, applications for suspension of sentence and grant of bail to the appellant.

By the impugned judgment dated 30.03.2019 passed in Sessions Case No. 32/2018 by the Additional Sessions Judge to the Court of 2nd Additional Judge, Ramanujganj, District- Balrampur (C.G.) the appellant stands convicted as mentioned below:

Conviction Sentence In Default

U/s 342 of the IPC RI for 06 months In default of payment of and fine amount of fine amount additional RI Rs.500/-. for 02 months.

U/s 323 of the IPC RI for 06 months In default of payment of and fine amount of fine amount additional RI Rs. 500/-. for 02 months.

U/s 365 of the IPC RI for 07 years and In default of payment of fine amount of Rs. fine amount additional RI 2,000/-. for 06 months.

U/s 395 of the IPC. RI for 10 years and In default of payment of fine amount of Rs. fine amount additional RI 2,000/-. for 06 months.

U/s 25 (1-ख) (क) of RI for 01 year and In default of payment of fine amount of Rs. fine amount additional RI the Arms Act.

500/-. for 02 months.

U/s 27 of the Arms RI for 03 years and In default of payment of Act a fine amount of fine amount additional RI Rs.1,000/-. for 03 months.

Learned counsel for the appellant submits that the appellant has been wrongly convicted by the Trial Court in the judgment without there being any sufficient evidence available on record. He submits that on the same set of evidence other co-accused persons have been alredy granted benefit of bail vide common oder dated 30.07.2021 in CRA No. 680 of 2019. He further submits that the appellant is in jail since 19.12.2017 and appeal is likely to take some more time. Hence, it is prayed that the bail applications of the appellant may be allowed.

On the other hand, learned counsel for the State has opposed the bail application and submissions made in this respect.

Heard both the parties.

I have gone through the entire record and the statement of the witnesses. After due consideration and considering the fact that the appellant is in jail since 19.12.2017, for these reasons, I am of this opinion that it will be proper to release the appellant on bail during the pendency of this appeal.

Execution of substantive jail sentences imposed upon the appellant shall remain suspended during the pendency of this appeal and he shall be released on bail on executing a personal bond for a sum of Rs. 2,00,000/- with two local solvent sureties each of Rs.1,00,000/- to the satisfaction of the concerned Trial Court for his appearance before the Registry of this Court on 26.11.2021. He shall thereafter appear before the 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.

List this case for final hearing in its due course.

Sd/-

(Arvind Singh Chandel) Judge

Vasant