Anil @ Chaku Maheshwari vs State Of Chhattisgarh
2021 Latest Caselaw 216 Chatt

                HIGH COURT OF CHHATTISGARH, BILASPUR
                                  CRA No. 569 of 2021
   Anil @ Chaku Maheshwari S/o Ravi Maheshwari, Aged About 19 Years R/o
    Riko Road, Mandir Hasaud, Police Station Mandir Hasaud, District Raipur
    Chhattisgarh.
                                                                         ---- Appellant
                                      Versus
   State Of Chhattisgarh, Through - Station House Officer, Mandir Hasaud,
    District Raipur Chhattisgarh.
                                                                    ---- Respondent

09/06/2021 MR. C.R. Sahu, Counsel for the Appellant.

Mr. Ghanshyam Patel, G.A. for Respondent No. 2/State.

Heard on admission.

Admit.

Call for record of the Court below.

Also heard on IA No. 01/2021 for suspension of sentence and grant of bail to the Appellant.

By the impugned judgment dated 25/02/2021, passed by the learned XII Additional Sessions Judge, Raipur (C.G.) passed in Session Trial No. 164/2019, the Appellant stands convicted under Section 363 of the IPC and sentence to undergo S.I. for three years and to pay fine of Rs. 1,000/-, with default stipulation.

Learned counsel for the Appellant submits that the Appellant has been wrongly convicted by the Trial Court without there being any cogent and reliable evidence available in support of the prosecution case. He further submits that during trial, the Appellant was on bail and after the judgment of the Trial Court he was granted temporary bail. Hence, it is prayed that his application may be allowed.

On the other hand learned Counsel for the State opposes the bail application.

I have heard learned counsel for the parties.

After perusing the impugned judgment and considering this fact that the Appellant was on bail during the pendency of trial and has not misused the liberty, this Court is of the opinion that it will be proper to release the Appellant on bail during the pendency of this appeal.

Accordingly, the bail application is allowed.

It is directed that the substantive jail sentence imposed upon the Appellant shall remain suspended and he shall be released on bail on his furnishing a personal bond for a sum of Rs. 10,000/- with one surety in the like sum to the satisfaction of the Trial Court for his appearance before the Registry of this Court on 14.12.2021. 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 disposal of this appeal.

List this case for final hearing in due course.

Sd/-

(Arvind Singh Chandel) Judge

Shubham