Shubham Bhaladhare vs State Of Chhattisgarh
2022 Latest Caselaw 7207 Chatt

                   HIGH COURT OF CHHATTISGARH, BILASPUR

                                   Order Sheet

                                CRA No. 772 of 2022


  Shubham Bhaladhare S/o Naresh Bhaladhare Aged About 20 Years R/o Bakhtawar
   Chall, Gali No. 1, Rajnandgaon,, District : Rajnandgaon, Chhattisgarh ---- Appellant.
                                       Versus
  State of Chhattisgarh Through Police Station - Kotwali Rajnandgaon,, District :
   Rajnandgaon, Chhattisgarh                                  ---- Respondent



7-1

1-12-2022 Mr. Pushpendra Kumar Patel, counsel for the appellant.

Mr. Praveen Shrivastava, PL for the State. Heard on I.A.No.1 of 2022 which is an application for suspension of sentence and grant of bail.

By the impugned judgment dated 19-4-2022 passed by the learned Additional Sessions Judge (FTC) Rajnandgaon, District Rajnandgaon (CG) in Sessions Case No 39 of 2019, the appellant stands convicted and sentenced for the offences as mentioned below.

                   Conviction                     Sentence
              Under Section 294 of IPC          RI for three months and fne
                                                amount of Rs.100/-, in default of
                                                payment of fne, additional RI for
                                                ten days.
              Under Section 506 of IPC          RI for two years and fne amount
                                                of Rs.500/-, in default of payment
                                                of fne, additional RI for two
                                                months.
              Under Section 323/34 of           RI for six months and fne amount
              IPC                               of Rs.500/-, in default of payment
                                                of fne, additional RI for two
                                                months.
              Under Section 307/34 of           RI for ten years and fne amount
              IPC                               of Rs.500/-, in default of payment
                                                of fne, additional RI for two
                                                months.
                                    All the sentences are directed to
                                   run concurrently.



      Learned counsel for the appellant would submit that              the

appellant has been falsely implicated in commission of offence as even evidence adduced before the trial court the victim has clearly stated that there was no involvement of the appellant for commission of offence under Section 307/34 of IPC, therefore, he has been illegally convicted by the trial court, therefore, the appellant may be released on bail.

On the other hand, learned State counsel opposing the bail application would submit that there is sufficient evidence against the appellant, therefore, he may not be released on bail.

I have heard learned counsel for the parties and perused the record.

Considering the facts and circumstances of the case, particularly the age of the appellant ie., 20 years, nature of the offence, statement of the victim in which nothing has been stated against the present appellant, there is no criminal antecedents shown by the State counsel nor is there any previous conviction of the appellant and also the fact that hearing of appeal will take some time, without commenting anything on merits of the case, I am inclined to allow the application for suspension of sentence and grant of bail.

Accordingly, I.A.No. 1 of 2022 is allowed and it is directed that the execution of further substantive jail sentence shall remain suspended and the appellant shall be released on bail on his executing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the trial Court for his appearance before the Registry of this Court on 13-2-2023. 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.

List this case for fnal hearing in its chronological order. Cc as per rules.

Sd/-

(Narendra Kumar Vyas) Judge

Raju