Manoj Bind vs State Of Chhattisgarh
2021 Latest Caselaw 720 Chatt

                          HIGH COURT OF CHHATTISGARH, BILASPUR

                                                  Order Sheet

                                      CRA No. 1738 of 2017


   1. Manoj Bind S/o Chotelal, Aged About 32 Years R/o Village Nagpura, Thana Balooda,
      District Janjgir- Champa, Chhattisgarh.
   2. Chotelal Bind, S/o Fekuram, Aged About 58 Years R/o Village Nagpura, Thana Balooda,
      District Janjgir- Champa, Chhattisgarh.
   3. Smt. Sudama Bai, W/o Chotelal Bind, Aged About 49 Years R/o Village Nagpura, Thana
      Balooda, District Janjgir- Champa, Chhattisgarh.                    ---- Appellants
                                              Versus
      State of Chhattisgarh through the Police Station Balooda, District Janjgir- Champa,
      Chhattisgarh.                                                               --- Respondent

29.06.2021 Mr. Vivek Singhal, counsel for the Appellants.

Mrs. Astha Shukla, Panel Lawyer, for the State.

Heard on I.A.No. 2/2020 for suspension of sentence and grant of bail to

appellant no.1 Manoj Bind.

The appellants stand convicted by the judgment dated 24.10.2017

passed by the learned Sessions Judge, Janjgir Champa, Distt. Janjgir Champa

in Sessions Case 12/2017 for the offence punishable u/s 306/34 of IPC and

sentenced to undergo RI for 7 years and to pay a fine of Rs.500/- with further

default stipulations.

Learned counsel for the appellants would submit that the jail sentence

awarded to the appellants is RI for 7 years; appellant No.1 Manoj Bind is in jail

since 30.11.2016 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 no.1 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 appellant is in jail since 30.11.2016. Considering the fact that the maximum term of sentence awarded to the

appellants is R.I., for 7 years and by now appellant no.1 Manoj Bind 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

no.1 on bail subject to furnishing bail bonds.

Accordingly, I.A.No.2 is allowed and it is directed that the execution of

further substantive jail sentence appellant no.1 Manoj Bind 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 urgent hearing stands disposed of.

Cc as per rules.

Sd/-

GOUTAM BHADURI JUDGE

Rao