Chattisgarh High Court
Adhar Singh vs State Of Chhattisgarh on 14 December, 2021
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
CRA No. 325 of 2018
Adhar Singh S/o Budhram Lajha Kanwar Aged About 25 Years R/o Village
Pandarapathara, Charpara, Chowki Belgahna, P.S. Kota, District Bilaspur
Chhattisgarh, ---- Appellant
Versus
State Of Chhattisgarh Through The Police Chowki Belgahna, P.S. Kota,
District Bilaspur Chhattisgarh
----Respondent
14/12/2021 Shri Jitendra Shukla, Advocate for the Appellant.
Shri Ashutosh Mishra, Panel Lawyer for the State.
Heard on I.A.No.1/19 repeat application for suspension of sentence
and grant of bail.
Appellant has been convicted by the judgment dated 29/11/2017
passed by the learned Court below in Sessions Case No.116/2012 in the
following manner with a direction to run the sentences concurrently:-
U/s.395 R/w Section : R.I. for 10 years and fine of Rs.200/-, in
397 of IPC default of payment of fine, additional RI
for one year.
U/s 394/34 of IPC : R.I. for 5 years and fine of Rs.200/-, in
default of payment of fine, additional RI
for 6 months.
U/s.395 R/w Section : R.I. for 10 years and fine of Rs.200/-, in
397 of IPC default of payment of fine, additional RI
for one year.
U/s 394/34 of IPC R.I. for 5 years and fine of Rs.200/-, in
default of payment of fine, additional RI
for 6 months.
U/s 347 of IPC R.I. for 2 years and fine of Rs.200/-, in
default of payment of fine, additional RI
for 2 months.
U/s 506-II of IPC R.I. for one year and fine of Rs.200/-, in
default of payment of fine, additional RI
for one month.
U/s 25 & 27 of Arms Act. R.I. for 3 years and fine of Rs.200/-, in
default of payment of fine, additional RI
for three months.
Learned Counsel for the appellant submits that the appellant is in jail
since 11/10/2016, thereby he has completed more than half of the jail
sentence, appeal is of the year 2018 and hearing of the appeal may take
some time. He would submit that similarly placed other co-accused have
been enlarged on bail, therefore appellant may be released on bail.
Learned State Counsel do not dispute the fact that appellant has
suffered more than half of the jail sentence.
Considering the fact that the appellant has suffered more than half of
the jail sentence and hearing of the appeal will take some time, similarly
placed other co-accused have been enlarged on bail, therefore I am inclined to
release the appellant on bail.
Accordingly, I.A.No.1/19 repeat bail 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 Rs.25,000/- with one surety for the like
sum to the satisfaction of the trial Court for his appearance before the
Registry of this Court on 22nd February, 2022. He shall thereafter appear
before the 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
gouri
