Harisingh Kanwar @ Hari @ Banau vs State Of Chhattisgarh
2021 Latest Caselaw 440 Chatt

                       HIGH COURT OF CHHATTISGARH, BILASPUR

                                              Order Sheet

                                 Cr.A.No. 855 of 2017

    Harisingh Kanwar @ Hari @ Banau son of Charan Singh Kanwar, aged 40
    years, R/o village Joapara, P.S. Urga, Distt. Korba (C.G). ... Appellant

                                              Versus

    State of Chhattisgarh through the District Magistrate, Korba, Police Station
    Kartala, Distt. Korba, Chhattisgarh                      ...     Respondent

21.06.2021 Mr. Vineet Kumar Pandey, counsel for the Appellant.

Mr. Gagan Tiwari, Deputy Govt. Advocate for the State.

Heard on I.A.No. 1/2021 for suspension of sentence and grant of bail

to appellant.

The appellant stands convicted by the judgment dated 30.03.2017

passed by the learned Sessions Judge, Korba in Sessions Trial No.33 of

2016 for the offence punishable u/s 307, 450 & 506 (2) of IPC and

sentenced to undergo RI for 10 years, RI for 5 years and RI for 2 years

respectively along-with fine sentences and further default stipulations

Learned counsel for the appellant would submit that appellant is in jail

since 14.02.2016 and by now more than 50% of the jail sentence has

already been undergone and hearing of the appeal on merits is likely take

time, therefore, the substantive jail sentence of these appellant may be

suspended and he may be released on bail during the pendency of appeal.

Per contra, learned State Counsel opposes the prayer. However, he

does not dispute the fact that appellant is in jail since 14.02.2016

Considering the fact that the maximum term of sentence awarded to

the appellant is R.I., for 10 years and by now appellant has already suffered

more than 50% of the jail sentence and further considering the fact that the

appeal is of the year 2017 and the final hearing will take time, I am inclined to suspend the remaining sentence and release the appellant on bail subject

to furnishing bail bonds.

Accordingly, I.A.No.1 is allowed and it is directed that the execution of

further substantive jail sentence of the appellant shall remain suspended and

he shall be released on bail on executing a personal bond in sum of

Rs.25,000/- with one surety in the like sum to the satisfaction of the trial

Court for his appearance before the Registry of this Court on 30th

September, 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 the

disposal of the appeal.

Accordingly, I.A.No.1 for suspension of sentence stands disposed of.

Cc as per rules.

Sd/-

GOUTAM BHADURI JUDGE

Rao