Bilender vs The State Of Chhattisgarh
2022 Latest Caselaw 2210 Chatt

             HIGH COURT OF CHHATTISGARH, BILASPUR

                                 Order Sheet

                             CRA No. 597 of 2021

• Bilender S/o Rajesh Uraon Aged About 25 Years Resident Of Village Sonhat
  Uraonpara, Police Station Sonhat, Korea Chhattisgarh.

                                                                      ---- Appellant

                                    Versus

• The State Of Chhattisgarh Through Station House Officer, Police Station Sonhat,
  District Korea Chhattisgarh.

                                                                   ---- Respondent

06.4.2022 Shri Vijay Kumar Sahu, counsel for the appellant.

Shri Ishwar Jaiswal, Panel Lawyer for the State/respondent.

Heard on IA No.01/2021 for suspension of sentence and grant of bail to the appellant.

By this criminal appeal, the appellant has challenged the impugned judgment of conviction and order of sentence dated 27.3.2021 passed by the Additional Sessions Judge (FTC), Baikuthpur at Korea (CG) in Session Trial No.09/2019, whereby he has been convicted and sentenced as under :-

               Sl.   Conviction    Jail Sentence    Fine          Default
               No.   under Section                  Sentence      stipulation


               01.   304     Part-II RI for 05 years Rs. 1000/-   RI   for      02
                     IPC                                          months

Learned counsel for the appellant submits that the maximum jail sentence awarded to the appellant is five years and he is in jail since 24.9.2018, thus he has completed more than three years of jail sentence. It is further submits that the conclusion of the appeal is likely to take much more time, hence, his jail sentence may be suspended till the disposal of this appeal.

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

I have heard learned counsel for the parties and perused the impugned judgment.

Taking into consideration the facts and circumstances of the case and also considering the detention period of the appellant, without further commenting on the merits of the case, I feel inclined to suspend the sentence and release the appellant on bail.

Accordingly, IA No.01/21 is allowed.

It is directed that execution of substantive jail sentence imposed on 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 a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the trial Court. The appellant shall appear before the Registry of this Court on 06.7.2022 and thereafter he shall appear before the trial Court on a date to be given by the Registry on this behalf and shall continue to appear there on all such subsequent dates as are given to him by the said Court, till the disposal of the appeal.

List this case for final hearing in due course.

Sd/-

(N.K. Chandravanshi) Judge

Bini