Injamaamul Haque @ Pintu vs State Of Chhattisgarh
2021 Latest Caselaw 2903 Chatt

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                HIGH COURT OF CHHATTISGARH, BILASPUR
                             Order Sheet
                                  CRA No. 122 of 2021

     Injamaamul Haque @ Pintu, S/o Riyajuddin Ansari, Aged About 24 Years,
       Resident of Village Batwahi (Masjidpara), Police Station Lundra, District-
       Surguja, Chhattisgarh.                                    ---- Appellant

                                        Versus

     State of Chhattisgarh, Through- The Police Station Lundra, District- Surguja,
       Chhattisgarh.                                                         ---- Respondent

26.10.2021 Shri V. K. Pandey, counsel for the appellant.

Shri Afroj Khan, P. L. for the State.

Heard on I.A. No. 1 /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 07.01.2021 passed in Special (Atrocities) Case No. 72/2018 by the Special Judge (SC/ST Act), District- Surguja (Ambikapur) (C.G.) in the following manner:-

                             Conviction                              Sentences
                  Under Section 457 of IPC                 R.I. for 2 years with fine of
                                                           Rs.1000/- and in default of
                                                           payment of fine 6 months
                                                           additional R.I.

                  Under Section 384 of IPC                 R.I. for 1 year with fine of
                                                           Rs.500/- and in default of
                                                           payment of fine 3 months
                                                           additional R.I.

Learned counsel for the appellant submits that there is no reliable

evidence against the present appellant to involve him in this case, essential ingredient of the offence for convicting the appellant is missing, the appellant was on bail during trial and he did not misuse the liberty granted to him and disposal of this appeal is likely to take some time, therefore, the appellant be released on bail.

On the other hand, learned counsel for the State opposes bail application.

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, 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 12th of January, 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