Lukeshwar @ Lukesh Sahu vs State Of Chhattisgarh
2021 Latest Caselaw 3318 Chatt

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                 HIGH COURT OF CHHATTISGARH, BILASPUR
                              Order Sheet

                                 CRA No. 1469 of 2021

      Lukeshwar @ Lukesh Sahu, S/o Hiraman Sahu, Aged About 41 Years, R/o
       Village Choti Kareli, Police Station Magarload, District- Dhamtari, Chhattisgarh.
       Presently Residing At Village Thuha Navagaon, Police Station Kurud, District-
       Dhamtari, Chhattisgarh.                                      ---- Appellant

                                           Versus

      State of Chhattisgarh, Through- Police Station Kurud, District- Dhamtari,
       Chhattisgarh.                                                     ---- Respondent

25.11.2021 Ms. Aditi Singhvi, counsel for the appellant.

Mr. Anand Verma, Dy. G.A. for the State.

Heard on admission.

This appeal is admitted for hearing.

Call for record of the Court below.

Also heard on I.A. No. 01/2021, application for suspension of sentence and grant of bail.

The appellant has been convicted and sentenced by the judgment of conviction and order of sentence dated 09.11.2021 passed in Sessions Case No. 47/2019 by the Sessions Judge, Dhamtari, District- Dahmtari (C.G.) as under:-

                            Conviction                             Sentences
                  Under Section 498 A of Indian          R.I. for two years with fine of
                  Penal Code                             Rs. 2,000/- and in default of
                                                         payment    of   fine   amount
                                                         additional R.I. for two months.

Considering the facts & circumstances of the case, the short sentence of two years has been imposed upon the appellant, he was on bail during trial and did not misuse the liberty granted to him, he has already paid the fine amount imposed upon him and final disposal of this appeal is likely to take some time, without commenting anything on merits of the case, the application is allowed.

It is directed that the execution of substantive jail sentence imposed upon the 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 04.03.2022 and thereafter appear before the trial Court on a date to be given by the Registry and thereafter continue to appear before the trial Court on all such dates as are given to him by the said Court till disposal of this appeal.

List the case for final hearing in due course.

Certified copy as per rules. ist Sd/-

(Gautam Chourdiya) Judge

Nadim