Ramawatar Singh vs State Of Chhattisgarh
2021 Latest Caselaw 134 Chatt

                HIGH COURT OF CHHATTISGARH, BILASPUR

                                     Order Sheet

                                 CRA No. 1349 of 2019

   • Ramawatar Singh S/o Sukhdev Ram @ Bifal Singh Aged About 37 Years R/o
     Village Surta, Manjhapara, Police Station Ramanujnagar, District Surajpur,
     Chhattisgarh.                                              ----appellant

                                           Versus

   • State Of Chhattisgarh Through Police Station Ramanujnagar, District Surajpur,
     Chhattisgarh                                               ---- Respondent

19.05.2021 Mr. Surfaraj Khan, Counsel for the appellant.

Mr. Vimlesh Bajpai, G.A. for the State.

Heard on I.A. No. 01/2019, which is the application for suspension of sentence and grant of bail.

The appellant has been convicted by the judgment/ order dated 04.09.2019 passed by the learned Sessions Judge Surajpur Distt. Surajpur (C.G.) in Session Trial No. 15/2015 and Crime No. 117/2014 for the offence punishable under Sections 323/34, 323/34, 325/34, 325/34 & 304 (I)/34 of IPC and sentenced to undergo R.I. for 6 months, R.I. for 6 months, R.I. for 3 years, R.I. for 3 years & R.I. for 7 years with respective fine with usual default stipulations.

Learned counsel for the appellant submits that the present dispute arose for taking possession of the land as the appellant along with the other co-accused belong to the different families claimed their right over the land because of that the incident happened. He further submits that the similarly placed co-accused have been released on bail on 28.07.2017 in CRA No. 503/2017 and the present appellant has already suffered more than two years and two months jail sentence.

Learned State counsel do not dispute the fact that the other co- accused have been enlarged on bail.

Considering the fact that the other co-accused have been enlarged on bail, the appellant has already suffered more than two years two months as also the fact that the appeal is of the year 2019 and hearing on merits will likely to take time, I am inclined to suspend the sentence and release the appellant on bail.

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

Execution of further substantive jail sentence imposed on appellant shall remain suspended and he is directed to be released on bail on his executing a personal bond for a sum of Rs.25,000/- with one surety for the like sum to the satisfaction of the concerned Trial Court for his appearance before the Registry of this Court on 7th October, 2021. He shall thereafter appear before the concerned 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.

Consequently, I.A. No. 01/2021, application for urgent hearing & I.A. No. 02/2021 application for hearing during summer vacation stands disposed off.

Sd/-

(Goutam Bhaduri) Vacation Judge Vishakha