Hiresh @ Moolchand Sahu vs State Of Chhattisgarh
2021 Latest Caselaw 124 Chatt

                  HIGH COURT OF CHHATTISGARH, BILASPUR
                                      CRA No. 1879 of 2018
    Hiresh @ Moolchand Sahu, S/o Santosh Sahu, Aged About 19 Years, R/o Tamora,
     Police Station Ranchirai, District Balod, Chhattisgarh., District : Balod, Chhattisgarh
                                                                                     ---- Appellant
                                             Versus
    State Of Chhattisgarh through S.H.O. Police Station Ranchirai, District Balod
     Chhattisgarh., District : Balod, Chhattisgarh
                                                                                  ---- Respondent

19/05/2021 Shri B.P. Singh, Advocate for the appellant.

Shri K.K. Singh, Govt. Advocate for the State/respondent. Heard on I.A.No.1/2021, application for suspension of sentence and grant of bail to the appellant.

The appellant has been convicted and sentenced by the judgment of conviction and order of sentence dated 30-11-2018 passed in Session Trial No. 40/2018 by the First Additional Sessions Judge Balod, District Balod, C.G. in the following manner with the direction to run both the jail sentences concurrently :-

             Conviction                        Sentence
             1.      U/s 307 (2 times)        5-5 Years R.I. and fine amount of Rs.2000 -
             of the IPC                       2000/- in default of fine, 3-3 months additional
                                              R.I.

It is submitted on behalf of the appellant that this is second application filed by the appellant for suspension of sentence and grant of bail. The first bail application filed by the appellant was dismissed as withdrawn on 31-01-2019 and liberty was granted to repeat the application after one year. It is submitted by learned counsel for the appellant that conviction against the appellant is erroneous and without support of evidence of prosecution beyond reasonable doubt. The appellant has undergone about two years and seven months in jail so far. He had been on bail during the trial. There is likelihood of delay in final hearing of this case. Therefore, it is prayed that the application for suspension of sentence and grant of bail may be allowed.

Per contra, learned counsel for the State opposes the application and submits that the prosecution has proved its case beyond reasonable doubt. Hence, no case is made out for grant of bail.

Heard learned counsel for the parties and perused the record of the trial Court.

Considered on the submissions and perused the record of the trial Court. Looking to this fact that the appellant has undergone more than half of the sentence in jail and there is likelihood of delay in final hearing of this appeal, therefore, I feel inclined to allow the application for suspension of sentence and grant of bail.

Accordingly, I.A.No.1/2021, application for suspension of sentence and grant of bail is allowed.

It is directed that the jail sentence imposed upon the appellant shall remain suspended during the pendency of this appeal and he shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- with one surety in like sum to the satisfaction of the trial Court for his appearance before the Registry of this Court on 12th of August, 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.

Certified copy as per rules.

Sd/-

(Rajendra Chandra Singh Samant) Vacation Judge

Aadil