Omprakash @ Commando vs State Of Chhattisgarh
2021 Latest Caselaw 3276 Chatt

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              HIGH COURT OF CHHATTISGARH, BILASPUR
                           Order Sheet
                         Criminal Appeal No. 1130 of 2021

   Omprakash @ Commando S/o Punaram Sahu, aged about 33 years, R/o Near
    Pavan Kirana Store, Ganesh Chouk, Santoshi Para, Bhilai, District Durg Chhattisgarh

                                                                            ----- Appellant   s




                                       versus
   State of Chhattisgarh Through P.S. Chhawani, District Durg (C.G.)
                                                                    ----- State/Respondent

23/11/2021 Shri Rajesh Jain, Advocate for the appellant.

Shri Afroz Khan, Panel Lawyer for the State.

Heard.

Admit.

Also heard on I.A. No. 01 of 2021, application under Section 389 of Cr.P.C. for suspension of sentence and grant of bail to appellant.

By the impugned judgment dated 23.09.2019 passed by the Additional Sessions Judge (F.T.C.), Durg (C.G.) in S.T. No. 169/2016, the appellant stands convicted and sentenced as under:

                              Conviction                              Sentences
                   Under Section 450 of the Indian        R.I. for seven years and fine of
                   Penal Code (hereinafter referred       Rs.2,000/-,    in   default   of
                   to as the 'IPC')                       payment of fine to further
                                                          undergo R.I. for one year
                   Under Section 376 (1) of IPC           R.I. for ten years and fine of
                                                          Rs.2,000/-,    in   default of
                                                          payment of fine to further
                                                          undergo R.I. for one year
                                   Both the sentences to run concurrently

Considering the material available on record, particularly considering

deposition of the prosecutrix, her 164 Cr.P.C. statement, evidence of PW-1

Jamuna Prasad Dewangan (son of the prosecutrix) who is not supported

prosecution case, the contents of the F.I.R., detention period of the appellant,

during trial he was on bail & did not misuse the liberty, and disposal of this

appeal is likely to take some time, 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. 01 of 2021) 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 24th

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.

Certified copy as per rules.

Sd/-

(Gautam Chourdiya) Judge

vatti