Suman Bada vs State Of Chhattisgarh
2021 Latest Caselaw 3065 Chatt

                                           1

              HIGH COURT OF CHHATTISGARH, BILASPUR
                           Order Sheet
                         Criminal Appeal No. 1984 of 2019

   Suman Bada D/o Leela Bada, aged about 35 years, R/o Village- Portenga, Present
    Address- Collage Road Jashpur Nagar, P.S. Jashpur, District Jashpur (C.G.)

                                                                            ----- Appellant   s




                                      versus
   State of Chhattisgarh Through - S.H.O., P.S. Jashpur, District Jashpur (C.G.)
                                                                   ----- State/Respondent

09/11/2021 Shri Ravindra Sharma, Advocate for the appellant.

Shri Chitendra Singh, Panel Lawyer for the State. Heard.

Admit.

Also heard on I.A. No. 02 of 2019, application under Section 389 of Cr.P.C. for suspension of sentence and grant of bail to appellant.

By the impugned judgment dated 16.02.2017 passed by the Sessions Judge, Jashpur, District Jashpur (C.G.) in Sessions Case No. 52/2016, the appellant stands convicted and sentenced as under:

                               Conviction                             Sentences
                    Under Section 363 of the Indian        R.I. for five years   and fine of
                    Penal Code (hereinafter referred       Rs.2,000/-,    in     default    of
                    to as the 'IPC')                       payment of fine        to further
                                                           undergo additional    R.I. for two
                                                           months
                    Under Section 370(4) of IPC            R.I. for ten years and fine of
                                                           Rs.4,000/-,   in   default    of
                                                           payment of fine to further
                                                           undergo additional R.I. for four
                                                           months

Considering the material available on record, particularly considering

the age of the appellant, he is in custody since 29.04.2016 and disposal of

this appeal is likely to take some time, further that the co-accused has

already been granted bail by the coordinate bench of this Court vide order

dated 17.04.2017 passed in Cr.A. No. 387/2017, without further commenting

on merit, I am of the opinion that present is a fit case to suspend the jail

sentence imposed upon the appellant and to release him on bail.

Accordingly, the application (I.A. No. 02 of 2019) is allowed.

It is directed that the execution of substantive jail sentence imposed

upon 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.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of

the trial Court. He shall appear before the Registry of this Court on 10th

January, 2022 and thereafter shall appear before the trial Court on a date to

be given by the Registry and shall continue to appear there on all such dates

as are given to him by the said Court till disposal of this appeal.

List this appeal alongwith Cr.A. No. 387/2017 for final hearing in due

course.

Certified copy as per rules.

Sd/-

(Gautam Chourdiya) Judge

vatti