Ugaram Nureti vs State Of Chhattisgarh
2022 Latest Caselaw 5005 Chatt

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                   HIGH COURT OF CHHATTISGARH, BILASPUR
                                 Order Sheet
                                  CRA No. 405 of 2019
   Ugaram Nureti S/o Late Murra Nureti Aged About 52 Years R/o Village Kihkad, P. S. And
    District Narayanpur Chhattisgarh,
                                                                            ---- Appellant
                                          Versus
   State Of Chhattisgarh Through Police Station Narayanpur, District Narayanpur
    Chhattisgarh,
                                                                        --- Respondent

04.08.2022 Mr. Keshav Dewangan, Counsel for the appellant.

Mr. Sushil Sahu, P. L. for the State/respondent.

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

By the impugned judgment of conviction and order of sentence dated 02.02.2019 passed by the learned Sessions Judge, Kondagaon District- Kondagaon (C.G.) in ST No.26/2016, the appellant has been convicted for the offence punishable under Section 304 part -I of IPC and sentenced to undergo R.I. for 10 years and pay fine of Rs.200/- in default to further undergo 03 months 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. He further relied upon the recent judgment of Hon'ble Supreme Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation &

Another reported in 2022 LiveLaw(SC)577.

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.2/2022 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. 5,000/- 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 11th October, 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