Rambhajan Chandra vs State Of Chhattisgarh
2021 Latest Caselaw 1986 Chatt

              HIGH COURT OF CHHATTISGARH, BILASPUR

                                    Order Sheet
                               CRA No. 228 of 2018

 • Rambhajan Chandra S/o Kariya Chandra Aged About 36 Years Village Chhote Gantuli,
   P. S. Koshir, Tahsil Sarangarh, District Raigarh Chhattisgarh

                                                                      ----Appellant (In Jail)

                                          Versus

 • State Of Chhattisgarh Through District Magistrate, District Raigarh Chhattisgarh,

                                                                          ---- Respondent

24.08.2021 Mr. Soumitra Kesharwani, Counsel on behalf of Mr. Awadh Tripathi,

Counsel for the appellant.

Mr. Ravi Bhagat, Dy. G.A. for the State.

No appearance on behalf of the complainant is made even in the

second call.

Heard on I.A. No. 02/2018, which is the application for suspension of

sentence and grant of bail (Repeat Bail).

The appellant has been convicted by the judgment/ order dated

30.01.2018 passed by the learned Additional Sessions Judge (F.T.C.),

Sarangarh Distt. Raigarh (C.G.) in Session Trial No.41/2010 for the offence

punishable under Sections 307, 294 & 506(B) of IPC and sentenced to

undergo R.I. for 7 years, R.I. for one month & R.I. for 6 months with fine

sentences of Rs. 1,000/-, Rs.500/- & Rs.500/- respectively with further default

stipulations.

Learned counsel for the appellant would submit that the maximum

sentence awarded to the appellant is R.I. for 7 years. Earlier the appellant was

in jail from 16.08.2010 to 13.10.2010 (One month 29 days) and thereafter he is in jail since 30.01.2018 (Three years six months 24 days), thereby he has

already undergone/ suffered more than 50% of the jail sentence. He further

submits that the appeal is of the year 2018 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 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 2018 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.02/2018 application for suspension of sentence and

grant of bail is allowed.

Execution of further substantive jail sentence imposed on 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 20th 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.

Sd/-

(Goutam Bhaduri) Judge

Vishakha