Gavendra Sahu vs State Of Chhattisgarh
2021 Latest Caselaw 1873 Chatt

               HIGH COURT OF CHHATTISGARH, BILASPUR

                                 Order Sheet

                              CRA No. 866 of 2021

• Gavendra Sahu, S/o Ishwarilal Sahu, Aged about 31 years, R/o Village
  Sakarra, P.S. Malkharoda, District- Janjgir Champa (C.G.).

                                                                       ---- Appellant

                                      Versus

• State of Chhattisgarh, Through- P.S. Malkharoda, District- Janjgir Champa
  (C.G.).

                                                                   ---- Respondent

19/08/2021 Mr. R.K. Jain, Counsel for the Appellant.

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

Heard on admission.

Admit.

Call for the record of the Court below.

Also heard I.A. No. 01/2021, application for

suspension of sentence and grant of bail to the appellant.

By the impugned judgment dated 10.08.2021 passed

in Sessions Case No. 09/2018 by the learned First

Additional Sessions Judge, Sakti, District- Janjgir Champa

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

                   Conviction                 Sentence           In Default

               U/s 498-A of IPC        RI for 03 years In      default   of
                                       with a fine amount payment of fine
                                       of Rs. 20,000/-    amount additional
                                           RI for 06 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 further submits that the appellant

was on bail during trial and after the judgment of the trial

Court he was granted temporary bail. 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 and

considering this fact that the appellant was on bail during

the pendency of trial and has not misused the liberty, 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. 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

30.11.2021. 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