Manthan vs State Of Chhattisgarh
2021 Latest Caselaw 2826 Chatt

              HIGH COURT OF CHHATTISGARH, BILASPUR

                                  Order Sheet

                               CRA No. 797 of 2019

Manthan S/o Joshimal Joshi, aged about 23 years, R/o Village- Khapri, Ward No.02, P.S.
Kumhari, District : Durg, Chhattisgarh

                                                                        ---- Appellant

                                     Versus

State of Chhattisgarh through Station House Officer Kumhari, District : Durg,
Chhattisgarh

                                                                     ---- Respondent

22.10.2021 Mr. Ravindra Sharma, Mr. Rajeev Kumar Dubey, Counsel for

the appellant.

Mr. Ravish Verma, G.A. for the State/Respondent.

Heard I.A. No.1/2021, an application for suspension of

sentence and grant of bail to the appellant.

This is the second bail application. First bail application was

dismissed as withdrawn vide order dated 27.08.2019 with liberty to

revive the same after one year.

By the impugned judgment date 25.02.2019 passed in

Sessions Case No.16/2018 by learned Second Additional Sessions

Judge, Durg, District: Durg, Chhattisgarh, the appellant stands

convicted as mentioned below:

Conviction Sentence In Default

U/s 304 Part II of RI for 7 years with a In default of payment IPC. fine amount of of fine amount Rs.2,000/- additional RI for 1 year.

Learned counsel for the appellant submits that the appellant

has been wrongly convicted by the Trial Court in the judgment

without there being any sufficient evidence available on record. He

submits that the present appellant is in jail since 07.10.2017 and

appeal is likely to take some more time to be finalized. Hence, it is

prayed that his application be allowed.

On the other hand, learned counsel for the State has

opposed the bail application and submissions made in this respect.

Heard both the parties and perused the record of the Trial

Court.

I have perused the impugned judgment and statement of the

witnesses. Considering the detention period of the appellant, I am

of this opinion that it will be proper to release the appellant on bail

during the pendency of this appeal.

Execution of substantive jail sentences imposed upon the

appellant shall remain suspended during the pendency of this

appeal and he shall be released on bail on executing a personal

bond for a sum of Rs.25,000/- with one solvent surety for the like sum to the satisfaction of the Trial Court for his appearance before

the Registry of this Court on 16.12.2021. 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.

List this case for final hearing in due course.

Sd/-

(Arvind Singh Chandel) Judge

Saurabh