S. Kumar @ Askumar vs State Of Chhattisgarh
2021 Latest Caselaw 3634 Chatt

                                                                                   NAFR

                  HIGH COURT OF CHHATTISGARH, BILASPUR

                                   CRA No. 1817 of 2019

   S. Kumar @ Askumar, S/o Budhram Bhandari, aged about 38 Years, Caste-
    Madiya, Occupation- Carpenter, R/o Village- Sargigudapara, Bhond, Police
    Chowki- Bastar, Police Station- Kotwali, Jagdalpur, District- Bastar, Chhattisgarh.

                                                                            ----Appellant

                                           Versus

   State of Chhattisgarh, Through the Station House Officer, Police Station- Kotwali,
    Jagdalpur, District- Bastar, Chhattisgarh.

                                                                         ---- Respondent

10/12/2021 Mr. Vikas Shrivastava, Advocate with Ms. Meenu Banerjee, Advocate for the appellant.

Dr. (Ms.) Veena Nair, Deputy A.G. for the State.

Heard on I.A. No.02 of 2019, application for suspension of

sentence and grant of bail to the appellant.

By the impugned judgment dated 27.05.2019 passed by the

Sessions Judge Bastar place Jagdalpur, C.G., in Sessions Case

No.74/2018, the appellant stands convicted and sentenced as under:

Conviction Sentence

Under Section 307 of Indian Rigorous Imprisonment for five Penal Code years and fine of Rs.500/-, in default of payment of fine amount to undergo further additional rigorous imprisonment for one month

Considering the facts and circumstances of the case, in particular the fact that the maximum sentence awarded to the appellant is of five

years, the detention period of the appellant i.e. about 3 years and 4

months and that disposal of the appeal is likely to take some time,

without expressing any opinion on the merits of the case, I am of the

opinion that present is a fit case to suspend the jail sentence imposed

upon the appellant and to release him on bail.

Accordingly, the application (I.A. No.02 of 2019) 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 08.03.2022 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 the month of April, 2022.

Sd/-

Gautam Chourdiya Judge

Akhilesh