Mohammad Iqbal Ansari vs State Of Chhattisgarh
2021 Latest Caselaw 3239 Chatt

                  HIGH COURT OF CHHATTISGARH, BILASPUR
                                       Order Sheet
                                 CRA No. 952 of 2016
    • Mohammad Iqbal Ansari S/o Anvar Ansari Aged About 20 Years R/o Indira
      Nagar, Hathkhoj, Police Station Purani Bhilai, District Durg Chhattisgarh.

                                                                         ---- Appellant

                                           Versus

    • State Of Chhattisgarh Through Station House Officer, Police Station Purani
      Bhilai, District Durg Chhattisgarh.

                                                                       ---- Respondent

18/11/2021 Shri Avinash Chand Sahu, counsel for the appellant.

Shri Sudeep Verma, Dy. G.A. for the State.

Heard on I.A. No.01/2018 & I.A. No. 01/2019 i.e. application for

suspension of sentence and grant of bail.

Appellant has been convicted by the judgment dated 02/07/2016

passed in Special Sessions Case No. 153/2015 passed by the Court below in

the following manner with a direction to run all the sentences concurrently:-

U/s 376 (2) (I) of IPC : RI for 10 years and fine of Rs.10,000/-

and in default of payment of fine 6 months R.I.

Learned Counsel for the appellant submits that the appellant is in jail

since 21/09/2015 and he has suffered more than 50% of the jail sentence and

hearing of the appeal may take some time, therefore the appellant may be

released on bail.

Learned State Counsel opposes the prayer for grant of bail, however, he do not dispute the fact that the appellant has already suffered more than

half of the jail sentence.

Considering the fact that the appellant is in jail since 21/09/2015 and

he has suffered more than 50% of the jail sentence and hearing of the appeal

will take some time, I am inclined to release the appellant on bail.

Accordingly, I.A.No.01/2018 & I.A. No. 01/2019 applications 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 of sum of Rs. 25,000/- with one surety for the like

sum to the satisfaction of the trial Court for his appearance before the

Registry of this Court on 20 th January, 2022. 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 this appeal.

Sd/-

(Goutam Bhaduri) Judge

Jyoti