Sanju Sahu vs State Of Chhattisgarh
2021 Latest Caselaw 3563 Chatt

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                 HIGH COURT OF CHHATTISGARH, BILASPUR
                              Order Sheet

                                 CRA No. 1518 of 2021

      Sanju Sahu, S/o Somar Say Sahu, Aged About 23 Years, R/o Village Umapur,
       Police Station Ramanujnagar, District-Surajpur, Chhattisgarh.

                                                                          ---- Applicant

                                           Versus

      State of Chhattisgarh, Through- Station House Officer, Police of Police Station
       Ajak Surapur, District- Surajpur, Chhattisgarh.                  ---- Respondent

08.12.2021 Shri Pravin Kumar Tulsyan, counsel for the appellant.

Shri Priyanshu Gupta, Panel Lawyer for the State. Heard on admission.

This appeal is admitted for hearing. Also heard on I.A. No. 01/2021, application for suspension of sentence and grant of bail.

The appellant has been convicted and sentenced by the judgment of conviction and order of sentence dated 18.11.2021 passed in Special Case No. 21/2019 by the Special Judge (SC/ST Act), Surajpur, District- Surajpur (C.G.) as under:-

Conviction Sentences Under Section 294 of IPC R.I. for 1 month and fine amount of Rs. 100/- and in default of payment of fine amount additional R.I. for 15 days.

Under Section 186 of IPC R.I. for 1 month and fine amount of Rs. 100/- and in default of payment of fine amount additional R.I. for 15 days.

Under Section 332 of IPC R.I. for 3 months and fine amount of Rs. 100/- and in default of payment of fine amount additional R.I. for 15 days.

All sentences directed to run concurrently.

Learned counsel for the appellant submits that there is no reliable evidence against the present appellant to involve him in this case, essential ingredient of the offence for convicting the appellant is missing, the appellant was on bail during trial and he did not misuse the liberty granted to him and disposal of this appeal is likely to take some time, therefore, the appellant be released on bail.

On the other hand, learned counsel for the State opposes bail application.

Considering the facts & circumstances of the case, the short sentence has been imposed upon the appellant, he was on bail during trial and did not misuse the liberty granted to him, final disposal of this appeal is likely to take some time, without commenting anything on merits of the case, the application (I.A. No.1/2021) is allowed.

It is directed that the execution of substantive jail sentence imposed

upon the appellant shall remain suspended during the pendency of this appeal and he shall be released on bail on his furnishing a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the trial Court. He shall appear before the Registry of this Court on 09.03.2022 and thereafter appear before the trial Court on a date to be given by the Registry and thereafter continue to appear before the trial Court on all such dates as are given to him by the said Court till disposal of this appeal.

List the case for final hearing in due course.ertified copy as per rules. ist Sd/-

(Gautam Chourdiya) Judge

Nadim