Raju @ Chitrasen Sahu vs State Of Chhattisgarh
2021 Latest Caselaw 2917 Chatt

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                 HIGH COURT OF CHHATTISGARH, BILASPUR
                              Order Sheet
                                   CRA No. 1261 of 2021

     Raju @ Chitrasen Sahu,         S/o Goverdhan Sahu, Aged About 23 Years, R/o

       Kanyadabri,     Chowki     Pinkapar,       Police   Station-   Devri,    District-Balod

       Chhattisgarh.                                                           ---- Appellant


                                          Versus


     State of Chhattisgarh, Through- Station House Officer, Police Station Devri,

       District- Balod, Chhattisgarh.                                      ---- Respondent

27.10.2021 Shri R. K. Pali, counsel for the appellant.

Shri Shreshtha Gupta, P. L. for the State.

Heard on admission.

This appeal is admitted for hearing.

Call for the record of the Court below.

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 30.09.2021 passed in Sessions

Trial No.10/2019 by First Additional Sessions Judge, District- Balod (C.G.)

in the following manner:-

               Conviction                           Sentences
     Under Section 325/34 of IPC          RI for two years, fine of Rs.
     for voluntarily causing grievous     2,000/-, in default thereof to
     hurt to Dwarika Sahu.                suffer additional imprisonment
                                          for 30 days.

     Under Section 325/34 of IPC          RI for two years, fine of Rs.
     for voluntarily causing grievous     2,000/-, in default thereof to
     hurt to Ravi Kumar Sahu.             suffer additional imprisonment
                                          for 30 days.

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.rtified copy as per rules. ist Sd/-

(Gautam Chourdiya) Judge

Nadim