Chattisgarh High Court
Chandrapratap Singh @ Bitul Singh vs State Of Chhattisgarh on 1 December, 2022
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
CRA No. 344 of 2022
Chandrapratap Singh @ Bitul Singh S/o Shri Balkeshwar Singh Rajput Aged About 27
Years R/o Village - Harakpur, P.S. Aasta, District - Jashpur (Chhattisgarh), District :
Jashpur, Chhattisgarh
---- Appellant
Versus
State Of Chhattisgarh Through The Station House Officer, Police Station Aasta, District
Jashpur (Chhattisgarh), District : Jashpur, Chhattisgarh
---- Respondent
7-
1-12-2022 Mr. Vivek Bhakta, counsel for the appellant.
Ms. Ishwari Dhritlahre, PL for the State.
Heard on I.A.No.2 of 2022 which is an application for
modification in the order dated 10-5-2022 passed by this court.
By the impugned judgment dated 19-1-2022 passed by the
Additional Sessions Judge, Jashpur/Additional Charge FTC Jashpur (CG)
in Special Case No. SCST/13/2018, the appellant stands convicted and
sentenced for the offences as mentioned below.
Conviction Sentences
Under Section 363/34 of IPC RI for three years and fne of
Rs.500/-, in default of payment of
fne to further underoo RI for
seven days.
Under Section 366(A) of IPC RI for four years and fne of
Rs.500/-, in default of payment of
fne to further underoo RI for
seven years.
Both the sentences are directed to
run concurrently.
Learned counsel for the appellant would submit that during trial
the appellant is in jail since 8 months and 17 days and after conviction
from 19-1-2022 till today ie., total one year, seven months and 17
days. Vide order dated 10-5-2022 application for suspension of
sentence and grant of bail submitted by the appellant was allowed by
this court. It was directed that the appellant shall be released on bail
on his furnishing a personal bond for a sum of Rs.1,00,000/- with two
sureties of Rs.50,000/- each to the satisfaction of the trial court.
Vide letter letter dated 4-11-2022 received from the Jail
Authority it has been reported that the appellant is not in a position to
arrange the surety as directed by this court, therefore, he is still in jail.
In view of the above, learned counsel for the appellant would,
submit that instead of two sureties of Rs.50,000/- each by the
appellant, the order dated 10-5-2022 be modified and the appellant
be released on bail on executing a personal bond only in the light of
decision of the Supreme Court in the matter of Moti Ram and others
vs. State of Madhya Pradesh, reported in (1978) 4 SCC 47 and
Hussainara Khatoon and others vs. Home Secretary, State of Bihar,
reported in (1980) 1 SCC 81, which is not opposed by the learned
State counsel.
I have heard learned counsel for both the parties.
Taking into consideration, the facts and circumstances of the
case, considering the fact that during trial the appellant is in jail since
8 months and 17 days and after conviction from 19-1-2022 till today
ie., total one year, seven months and 17 days, he is unable to furnish
local two sureties as per order 10-5-2022 passed by this court
dated,I.A. No.2 of 2022 is allowed and the order passed by this court
dated 10-5-2022 is modified.
Now, the appellant is directed to be released on bail on
furnishing only a personal bond of Rs.1,00,000/- for the like sum to the
satisfaction of the trial court for his appearance before the Registry of
this court on 13-1-2023. 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.
A copy of this order be communicated to the jail authorities
List this case for final hearing in due course.
Certified copy as per rules.
Sd/-
(Narendra Kumar Vyas)
Judge
Raju
