Sabit Khan @ Sabid Khan vs State Of Chhattisgarh
2022 Latest Caselaw 3134 Chatt

                      HIGH COURT OF CHHATTISGARH, BILASPUR

                                        Order Sheet
                                    CRA No. 594 of 2020
        Sabit Khan @ Sabid Khan S/o Abid Khan Aged About 21 Years R/o Duripara,
         Mangla, Bilaspur P. S. Civil Lines, Bilaspur District Bilaspur Chhattisgarh.
                                                                            ---- Appellant
                                           Versus
        State Of Chhattisgarh Through The Station House Officer, Police Station Akaltara,
         District Janjgir Champa Chhattisgarh Civil And Revenue District Janjgir Champa
         Chhattisgarh.
                                                                        ---- Respondent

29.04.2022 Mr. Pravin Kumar Tulsyan, counsel for the appellant.

Mr. Shivnath Shrivas, P.L. for the State/Respondent.

Heard on I.A. No. 03/2020, application for suspension of sentence and grant of bail to the appellant.

By the impugned judgment dated 13.06.2018 in Special Trail No. 40/2017, passed by the Session Judge, Janjgir-Champa (C.G.) the appellant stands convicted and sentenced as under:-

Conviction Sentence Under Section 307 of the RI for 7 years and to pay a fine of Rs. Indian Penal Code 100/- in default of payment of fine to further undergo RI for 5 days.

Considering the facts and circumstances of the case, in particular the fact that the maximum sentence awarded to the appellant is of seven years, the appellant Sabit Khan @ Sabid Khan is continuous in jail about 4 years i.e. from 05/01/2018 till today 29/04/2022, the disposal of the appeal is likely to take some time, without expressing anything on merits of the case, I am of the opinion that present is a fit case to suspend the jail sentence imposed upon the appellant and to release him on bail.

Accordingly, the application (I.A. No. 03/2020) 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 22.08.2022 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 this case for final hearing in due course.

-Sd/-

(Gautam Chourdiya) Judge

vaishali