Chhotan @ Anjay vs State Of Chhattisgarh
2021 Latest Caselaw 580 Chatt

                       HIGH COURT OF CHHATTISGARH, BILASPUR

                                              Order Sheet

                                    CRA No. 775 of 2017
    Chhotan @ Anjay S/o Lalsai Uraon, Aged About 21 Years Occupation Cultivator, R/o
    Village Parasapani, Police Station Rajpur, District Balrampur Ramanujganj, Chhattisgarh.
                                                                          ---- Applicant
                                           Versus
    State of Chhattisgarh through Station House Office, Police Station, Rajpur, District -
    Balrampur-Ramanujganj, Chhattisgarh.                                 ---- Respondent

24.06.2021 Mr. Rahul Mishra, 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 Additional Judge to Additional Sessions Judge,

Ramanujganj, Distt. Surguja in Sessions Case No.10/2015 for the offence

punishable u/s 304 Part II of IPC of IPC and sentenced to undergo RI for 10

years and to pay a fine of Rs.500/- with further default stipulations.

Learned counsel for the appellant would submit that appellant is in

jail since 02.12.2014 and by now he suffered the jail sentence of 6 1/2 years.

He further submits that hearing of the appeal on merits is likely take time

and looking to the period of sentence already undergone by him, the

remaining jail sentence of the appellant may be suspended and he may be

released on bail.

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

does not dispute the fact that the appellant is in jail since since 02.12.2014.

Considering the fact that the maximum term of sentence awarded to

the appellant is RI for 10 years and by now the appellant has already served

6 1/2 years in jail 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

remaining 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 appearance

before the Registry of this Court on 05th October, 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.1/2021 for suspension of sentence stands

disposed of.

Cc as per rules.

Sd/-

GOUTAM BHADURI JUDGE Rao