Aashu Gupta vs State Of Chhattisgarh
2021 Latest Caselaw 3449 Chatt

                 HIGH COURT OF CHHATTISGARH, BILASPUR
                                  Order Sheet
                              CRA No. 956 of 2017
             Aashu Gupta & Another Versus State of Chhattisgarh


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02/12/2021           Mr. Tarendar Kumar Jha, counsel for the appellants.

                     Mr. Sudeep Verma, Dy. G.A. for the respondent/State.

Heard on I.A. No. 03/2021, application for suspension of

sentence and grant of bail to appellant No. 02 namely Mohhammad

Aashif Ansari.

Appellant No. 02 (Mohhammad Aashif Ansari) has been

convicted by the judgment dated 16.05.2017 passed in Sessions

Case No. 97/2015 by the 8 th Additional Sessions Judge, Durg (C.G.)

for the offence punishable under Section 394 read with Section 34 of

the IPC and sentenced to undergo R.I. for five years and to pay fine

of Rs. 300/- with default stipulation.

Earlier, the application for suspension of sentence and grant of

bail to both the appellants was allowed by this Court vide order

dated 12.04.2018 and on compliance of that, both the appellants

were released from jail and directed to appear before the Registry of

this Court on 13.06.2018 and during the pendency of this appeal

since appellant No. 02 (Mohhammad Aashif Ansari) had not

appeared before the Registry of this Court, therefore, a non-bailable warrant was issued against appellant No. 02 (Mohhammad Aashif

Ansari) by this Court and subsequently, he was arrested on

17.08.2021. Since then he is in jail.

Considering the fact that the appellant No. 02 (Mohhammad

Aashif Ansari) has already undergone about 3 years and 6 months

out of five years of jail sentence imposed upon him by the trial Court

and earlier also he was granted benefit of bail, the present

application I.A. No. 03/2021 is allowed.

On execution of substantive jail sentences imposed upon

appellant No. 02 (Mohhammad Aashif Ansari) 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.

20,000/- 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

14.02.2022. 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.

List this case for final hearing in its due course.

Sd/-

(Arvind Singh Chandel) Judge Vasant