David Tigga vs State Of Chhattisgarh
2021 Latest Caselaw 476 Chatt

                              HIGH COURT OF CHHATTISGARH, BILASPUR
                                              Order Sheet
                                         CRA No. 289 of 2018
       David Tigga, aged 26 years S/o Kristo Das Tigga R/o Kukri Chili, P.S. Urga, District Korba
       (C.G.)

                                                                                           ---- Appellant

                                                Versus

       State Of Chhattisgarh Through the Police Station Rampur, District Korba (C.G.)

                                                                                        ----Respondent

22/06/2021 Ms. A. Lakra, counsel for the appellant.

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

Heard on I.A. No.01/2019 repeat bail application for suspension of sentence and

grant of bail.

The Appellant has been convicted by the judgment dated 31/01/2018, passed in

Criminal Case No. 12/2015 by the Special Judge, Schedule Caste/Schedule Tribe

(Prevention of Atrocities) Act, District Korba (C.G.) for offence punishable under section 306

of the Indian Penal Code and has been awarded R.I. for 7 years and fine of Rs.1000/- and

in default of payment of fine, to undergo additional R.I. for 6 months.

Learned Counsel for the appellant submits that the appellant is in jail since

31/01/2018, he was also in jail from 08/09/2014 to 24/12/2014 during trial and thereby he has

completed more than half of the jail sentence and hearing of the appeal may take some time,

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, therefore I am inclined to release the

appellant on bail.

Accordingly, I.A. No.01/2019 repeat bail application for suspension of sentence and

grant of bail is allowed.

Execution of further substantive jail sentence imposed on the appellant shall remain

suspended during the pendency of this appeal 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

24/08/2021. 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 this appeal.

Sd/-

(Goutam Bhaduri) Judge

rahul