Kumeshwar Markam vs State Of Chhattisgarh
2021 Latest Caselaw 3756 Chatt

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               HIGH COURT OF CHHATTISGARH, BILASPUR
                            Order Sheet
                             Criminal Appeal No. 318 of 2020

     Kumeshwar Markam son of Hariram Markam, aged about 36 years, resident of
      Village-Bhaisamuda, Nagri, Police Station- Nagri, District- Dhamtari (C.G.)

                                                                              ----- Appellant   s




                                       versus
     State of Chhattisgarh, through the Station House Officer, Police Station- Nagri,
      District Dhamtari (C.G.)
                                                                            ----- Respondent

16/12/2021 Shri Prabhakar Tiwari, Advocate appears on behalf of Shri Sanjeev Kumar Sahu, Advocate for the appellant.

Shri Anand Verma, Deputy Government Advocate for the State. Heard.

Admit.

State counsel to file reply.

Heard on I.A. No. 01 of 2020, application under Section 389 of Cr.P.C. for suspension of sentence and grant of bail to appellant.

By the impugned judgment dated 15.01.2020 passed by the Additional Sessions Judge, Dhamtari, District Dhamtari (C.G.) in Sessions Trial No. 39/2019, the appellant stands convicted and sentenced as under:

                               Conviction                            Sentences
                  Under Section 506 of IPC                R.I. for one year and fine of
                                                          Rs.100/-, in default of payment
                                                          of fine to further undergo S.I. for
                                                          one month
                  Under Section 436 of IPC                R.I. for five years and fine of
                                                          Rs.100/-, in default of payment
                                                          of fine to further undergo S.I. for
                                                          three months

Both the sentence to run concurrently

Considering the material available on record, particularly considering

the maximum sentence awarded to the appellant i.e. five years R.I., he is in

custody since 02.06.2019, he has suffered more than half of the jail

sentence, and disposal of this appeal is likely to take some time, without

further commenting on merit, I am of the opinion that present is a fit case to

suspend the jail sentences imposed upon the appellant and to release him on

bail.

Accordingly, the application (I.A. No. 01 of 2020) 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 21th February, 2022 and thereafter shall appear before the trial

Court on a date to be given by the Registry and shall continue to appear

there on all such dates as are given to him by the said Court till disposal of

this appeal.

Certified copy as per rules.

List this appeal for final hearing in due course.

Sd/-

(Gautam Chourdiya) Judge

vatti