Fekuram vs State Of Chhattisgarh
2021 Latest Caselaw 3660 Chatt

                                        1




             HIGH COURT OF CHHATTISGARH, BILASPUR
                          Order Sheet

                              CRA No. 1599 of 2021

1. Fekuram, S/o Late Balram Kanwar, Aged About 56 Years,

2. Santram Painkra, S/o- Late Somaru, Aged about- 56 years,

 Both are R/o- village Chainpur, P. S. Jhilmili, District- Surajpur (C.G.).

                                                                      ---- Appellants

                                     Versus

 State of Chhattisgarh, Through- Police Station In-charge, P.S.- Jhilmili,
   Bhaiyathan, District- Surajpur, Chhattisgarh.                    ---- Respondent

13.12.2021 Shri Bhupendra Singh, counsel for the appellants.

Shri Adil Minhaj, Government Advocate for the

State/respondent.

Heard on admission.

This appeal is admitted for hearing.

Call for record of the Court below.

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

sentence and grant of bail.

The appellants have been convicted and sentenced by the

judgment of conviction and order of sentence dated 30.11.2021

passed in Sessions Case No. 60/2021 by the First Additional

Sessions Judge, Surajpur, District- Surajpur (C.G.) as under:-

                  Conviction                      Sentences
           U/S. 452 of IPC                 R.I. for 2 years with fine
                                           of Rs. 1,000/- and default
                                           in   payment     of   fine
                                           amount additional SI for
                                           3 months.
           U/S. 325/34 of IPC              R.I. for 3 years with fine
                                           of Rs. 5,000/- and default
                                           in   payment     of   fine
                                           amount additional S.I. for
                                           6 months.

Considering the facts & circumstances of the case, the short

sentence has been imposed upon the appellants, age of the

appellants i.e. 56 years, detention period of the appellants, they

have no criminal antecedents as per para-34 of the impugned

judgment and 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 appellants shall remain suspended during the

pendency of this appeal and they shall be released on bail on their

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.

They shall appear before the Registry of this Court on

10.03.2022 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 them by the said

Court till disposal of this appeal.

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

(Gautam Chourdiya) Judge

Nadim