Sarju Chauhan vs State Of Chhattisgarh
2022 Latest Caselaw 3148 Chatt

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                                                                                 NAFR
                 HIGH COURT OF CHHATTISGARH, BILASPUR

                                  CRA No. 454 of 2012

 1.   Sarju Chauhan S/o Asharam Chauhan, Aged About 22 years (as now) R/o
      Village Bonda, Thana Sariya, District Raigarh (C.G.).
                                                             ----Appellant
                                                                   (In Jail)
                                         Versus
 2.   State Of Chhattisgarh, Through District Magistrate, District Raigarh (C.G.).
                                                                      ---- Respondent

29/04/2022 Mr. Roop Ram Naik, Counsel for the appellant.

Ms. Binu Sharma, P.L. for the State/respondent.

Pursuant to the non-bailable warrant issued by this Court vide order dated 23/02/2022 the appellant has been produced before this Court by Mr. Ramkhilawan Chandrakar, Constable-186 Police Station, Bilaspur. Registrar (Judicial) is directed to send the appellant to the concerned Jail as per rules.

Heard on I.A. No. 02/2022, application for suspension of sentence and grant of bail to the appellant.

By the impugned judgment dated 27/04/2012 passed by Additional Sessions Judge, Sarangarh, District Raigarh (CG.) in Special Trial No. 06/2011, the appellant stands convicted and sentenced as under:

Conviction Sentence Under Section 366 of Indian R.I. for 7 years and fine of Rs. 2,000/-, Penal Code. in default of payment of fine additional S.I. for 4 months.

Considering the facts and circumstances of the case, the fact that the appellant was earlier granted bail by the Co-ordinate Bench of this Court vide order dated 27/06/2012 and due to default on the part of appellant in appearance on several dates, the said bail was cancelled, the age of the appellant i.e. 22 years, the fact that 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. 02/2022) 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 for his appearance before the Registry of this Court 27th July, 2022. 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 disposal of this appeal.

List this case for final hearing in its due course.

-Sd/-

(Gautam Chourdiya) Judge

Chandrakant