Chanda Basod vs State Of Chhattisgarh
2022 Latest Caselaw 5370 Chatt

                                                                             NAFR

                HIGH COURT OF CHHATTISGARH, BILASPUR

                               CRA No. 140 of 2022

 • Chanda Basod, D/o Late Shyam Narayan Basod, Aged About 27 Years,
   R/o Village Mutki, Police Station- Udaypur, District- Surguja Chhattisgarh.

                                                                 ---- Appellant

                                    Versus

 • State of Chhattisgarh Through- Police of Police Station- Lakhanpur,
   District- Surguja Chhattisgarh.

                                                                 ---- Respondent

24/08/2022 Mr. Amarnath Pandey, counsel for the Appellant.

Mr. Amit Singh Chouhan, P.L. for the State/respondent.

Heard on I.A. No. 01/2022, an application for suspension of sentence and grant of bail to the appellant.

By the impugned judgment dated 29.09.2021 passed by the learned Additional Sessions Judge (F.T.C.), Surguja (Ambikapur), District- Surguja (C.G.) in Sessions Trial No. 124/2016, the appellant stands convicted as under:-

                    Conviction                        Sentence

                   U/s 368 of IPC    RI for 5 years and to pay fine amount of

Rs. 2,000/- and in default of payment of fine further R.I. for 1 year

U/s 363 of IPC RI for 5 years and to pay fine amount of Rs. 2,000/- and in default of payment of fine further R.I. for 1 year

U/s 342 of IPC RI for 6 months and to pay fine amount of Rs. 500/- and in default of payment of fine further R.I. for 1 month 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 prosecutrix herself did not support the prosecution case. Appellant is in jail since 22.05.2017 in other connected case and disposal of this appeal will take sufficient time, therefore, she may be enlarged on bail.

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

Heard learned counsel for 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 she shall be released on bail on her executing a personal bond for a sum of Rs. 50,000/- with one solvent surety for the like sum to the satisfaction of the trial court for her appearance before the Registry of this Court on 13.10.2022. She 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 her by the said Court, till the disposal of this appeal.

List this case for final hearing in due course.

Sd/-

(Rajani Dubey) Judge

Ruchi