Chandrakant Nirmalkar vs State Of Chhattisgarh
2021 Latest Caselaw 131 Chatt

                        HIGH COURT OF CHHATTISGARH, BILASPUR

                                               Order Sheet

                               Criminal Appeal No. 158 of 2017

Chandrakant Nirmalkar, Son of Late Shri Narendra Nirmalkar, aged about 22 years, resident of
Saida, Police Station Chakarbhata, presently resident of Bachherapara, Tifra, Police Station
Sirgitti, Distt. Bilaspur (C.G) Mobile No. 8959555750.                    --- Appellant

                                         Versus

      The State of Chhattisgarh through District Magistrate, District Bilaspur (C.G)...
                                                                                  Respondent

19.05.2021 Mr. K.P.S. Gandhi, counsel for the Appellant.

Ms. Veena Nair, Deputy A.G., for the State.

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

bail to the appellant.

The appellant stands convicted by the judgment dated 20.01.2017

passed by the learned 09th Addl. Sessions Judge, Bilapur in Sessions

Trial No.54/2016 for the offence punishable u/s 304-B of IPC and

sentenced to undergo rigorous imprisonment for 10 years.

Learned counsel for the appellant would submit that appellant is in

jail since 13.01.2016 and by now he has already suffered more than 50%

of the jail sentence 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.

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

he does not dispute the fact that appellant is in jail since 13.01.2016.

Considering the fact that the maximum 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 his 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 26th 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 the

disposal of the appeal.

Accordingly, I.A.No.2 for hearing the case during summer vacation

and I.A.No.3 for urgent hearing stand disposed of.

Cc as per rules.

Sd/-

GOUTAM BHADURI JUDGE

Rao