Anil Ekka vs State Of Chhattisgarh
2021 Latest Caselaw 3817 Chatt

                                                                            Page 1 of 2

               HIGH COURT OF CHHATTISGARH, BILASPUR

                                   Order Sheet

                              CRA No. 1667 of 2021

 Anil Ekka S/o Kapil Ekka Aged About 23 Years R/o Gutrapara Dabripani, Police Station
  Kotwali Ambikapur, District- Surguja, Chhattisgarh.
                                                                          ---- Appellant
                                         Versus
 State Of Chhattisgarh Through Station House Officer Gadhinagar, District- Surguja,
  Chhattisgarh.
                                                                         ---Respondent

21.12.2021 Mr. Nishikant Sinha, counsel for the appellant.

Dr. Veena Nair, Dy A. G. for the State/respondent. Heard on admission.

Admit.

Also heard on application for suspension of sentence and grant of bail to the appellant.

By the impugned judgment dated 07.12.2021 passed by the learned 3rd Additional Sessions Judge, Ambikapur, Surguja (C.G.) in Session Trial No. 97/2018, the appellant stands convicted, as under:-

Conviction Sentence U/s 457 of IPC : R.I. for 3 years and fine of Rs.500/-, in default of payment of fine amount further R.I. of 6 months.

U/s 379 of IPC : R.I. for 2 years and fine of Rs.500/-, in default of payment of fine amount further R.I. of 6 months.

Considering the fact that the maximum jail sentence awarded to the appellant is RI for three years, the appellant was on bail during trial

and did not misuse the liberty granted to him and even after conviction, his jail sentence was temporarily suspended by the trial Court under Sections 457 and 379 of IPC, so as to make him convenient to prefer an appeal and get bail from this Court and further considering the fact that the appeal being of the year 2021, final hearing of the same will likely to take time, I am inclined suspend the sentence of appeal and release him on bail.

Accordingly, application for suspension of sentence and grant of bail is allowed and it is directed that execution of further substantive jail sentence of the appellant shall remain suspended and he shall be released on bail on his executing a personal bond in sum of Rs. 25,000/- with one surety in the like sum to the satisfaction of trial Court for his appearance before the Registry of this Court on 15 th 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.

Call for the record of the court below within four weeks. List this appeal for final hearing in due course.

Sd/-

(Narendra Kumar Vyas) Judge

parul