Deepak Lakda vs State Of Chhattisgarh
2021 Latest Caselaw 1872 Chatt

              HIGH COURT OF CHHATTISGARH, BILASPUR

                                Order Sheet

                             CRA No. 804 of 2021

Deepak Lakda S/o Late Istanis Lakda, aged about 35 years, R/o Village Lukhi
(Ganjhupara) Chauki Manora, Police Station: Jashpur, District : Jashpur,
Chhattisgarh

                                                                   ---- Appellant

                                   Versus

State of Chhattisgarh through Chauki Manora, Police Station: Jashpur, District :
Jashpur, Chhattisgarh

                                                                ---- Respondent

19.08.2021 Mr. Shaleen Singh Baghel, Counsel for the appellant.

Mr. H.S. Ahluwalia, Dy. A.G. for the State/Respondent.

Heard on admission.

Admit.

Also heard I.A. No.1/2021, an application for suspension of

sentence and grant of bail to the appellant.

By the impugned judgment date 16.03.2020 passed in S.T.

No.33/2019 by learned Sessions Judge, Jashpur, District: Jashpur

(C.G.) the appellant stands convicted as mentioned below:

                   Conviction               Sentence             In Default

               U/s 353 of IPC        RI for 01 year with a In default of payment
                                     fine    amount     of of     fine    amount
                                     Rs.500/-              additional RI for 01
                                                           month.
 U/s 332 of IPC            RI for 01 year with a In default of payment
                          fine    amount     of of     fine    amount
                          Rs.500/-              additional RI for 01
                                                month.

U/s 25 (1-B) A of the RI for 1 year with a In default of payment Arms Act fine amount of of fine amount Rs.500/- additional RI for 1 month.

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 the appellant has undergone 4 ½ months in jail and

appeal is likely to take some more time. Hence, it is prayed that his

application 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 and perused the record of the Trial

Court.

After perusing the impugned judgment, statements of the

witnesses and also considering the fact that the appellant has

undergone 4 ½ months, 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.25,000/- with one solvent surety for the like sum to the satisfaction of the Trial Court for his appearance before

the Registry of this Court on 09.12.2021. 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 due course.

Sd/-

(Arvind Singh Chandel) Judge

Saurabh