Citation : 2022 Latest Caselaw 4945 Chatt
Judgement Date : 2 August, 2022
Page 1 of 2
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
CRA No. 1627 of 2021
Sandeep Aayam S/o Ramsingh Aayam Aged About 22 Years R/o Dumarkhola, Chowki ,
Dabra, Police Station Pasta , District Balrampur Ramanujganj Chhattisgarh.
---- Appellant
Versus
State Of Chhattisgarh Through Chowki , Dabra, Police Station Pasta , District Balrampur
Ramanujganj Chhattisgarh.
--- Respondent
02.08.2022 Mr. Dashrath Kushwaha, Counsel for the appellant.
Mr. RCS Deo, P. L. for the State/respondent.
Heard on I.A.No.01/2021, application for suspension of sentence and grant of bail to the appellant.
By the impugned judgment of conviction and order of sentence dated 22.10.2021 passed by the learned Additional Sessions Judge, Ramanujganj District- Balrampur-Ramanujganj (C.G.) in ST No.58/2017, the appellant has been convicted for the offence punishable under Section 304B of IPC and Section 4 of the Dowry Prohibition Act and sentenced to undergo R.I. for 10 years and 1 years respectively and pay fine of Rs.1,000/- in default to further undergo 01 month additional R.I.
Learned counsel for the appellant submits that appellant has falsely been implicated in this case and he has not committed any offence. He further submits that appellant has completed half of the jail sentence out of 10 years maximum jail sentence awarded to him and the appeal will take some time for hearing on merits, therefore the substantive jail sentence imposed upon appellant may be suspended and he may be released on bail.
State counsel opposes the application for suspension of sentence and
grant of bail.
I have heard learned counsel for the parties, considering the fact that the appellant has suffered half of the sentence out of 10 years maximum jail sentence awarded to him and hearing of the appeal will take some more time, therefore, I am inclined to allow this application.
Accordingly, I.A.No.1/2021 is allowed.
The substantive jail sentence awarded to the appellant is suspended during the pendency of this appeal and he is directed to release on bail on his furnishing a personal bond in the sum of Rs. 25,000/- along with one surety in the like sum to the satisfaction of the concerned trial Court for his appearance before the Registry of this Court on 30th September, 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 the disposal of this appeal.
Certified copy as per rules.
List this case for final hearing.
Sd/-
(Sachin Singh Rajput)
Judge
parul
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