Golu @ Ajay Ramteke vs State Of Chhattisgarh
2022 Latest Caselaw 5345 Chatt

                                                                         NAFR

                HIGH COURT OF CHHATTISGARH, BILASPUR

                             CRA No. 942 of 2021

 • Golu @ Ajay Ramteke, S/o Late Suresh Ramteke, Aged About 24 Years,
   Occupation- Labour, R/o Bajrang Nagar, Kandrapara, Durg District- Durg
   Chhattisgarh.

                                                               ---- Appellant

                                  Versus

 • State of Chhattisgarh Through: Police Station- Durg, District- Durg
   Chhattisgarh.

                                                                ---- Respondent

23/08/2022 Mr. Pushpendra Kumar Patel, counsel for the Appellant.

Mr. Anurag Verma, P.L. for the State/respondent.

Heard on I.A. No. 01/2021, an application for suspension of sentence and grant of bail to the appellant.

By the impugned judgment dated 23.08.2021 passed by learned Second Additional Sessions Judge, Durg, District- Durg in Sessions Trial No. 78/2019, the appellant stands convicted as under:-

                 Conviction             Sentence               In Default

                U/s 307 of IPC     RI for 5 years and to     In default of
                                    pay fine amount of     payment of fine,
                                         Rs. 1000/-        further 6 moths
                                                            additional R.I.

                                                           (Fine amount has
                                                              already been
                                                               deposited)

Learned counsel for the appellant submits that the appellant has been wrongly convicted by the trial court in the judgment without there being any sufficient evidence available on record. He further submits that version of complainant was not supported by the independent witnesses and medical report also did not support the case of the prosecution, since appellant is in jail since 23.08.2021, the appeal is likely to take some time for its conclusion. Hence, it is prayed that his application be allowed.

On the other hand, learned State counsel has opposed the bail application and submissions made in this respect.

Heard learned counsel for both the parties and perused the record of the trial Court.

After perusing the impugned judgment and considering the detention period of the appellant and there is no likelihood of this appeal to come up for final hearing in near future, I am of this opinion that it will be proper to release the appellant on bail during the pendency of this appeal.

Execution of substantive jail sentences imposed upon the appellant shall remain suspended during the pendency of this appeal and he shall be released on bail on his executing a personal bond for a sum of Rs. 25,000/- with one solvent surety for the like sum to the satisfaction of the trial court for his appearance before the Registry of this Court on 11.10.2022. 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 given to him by the said Court, till the disposal of this appeal.

List this case for final hearing in due course.

Sd/-

(Rajani Dubey) Judge

Ruchi