Shiva Tandi vs State Of Chhattisgarh
2022 Latest Caselaw 7438 Chatt

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                      HIGH COURT OF CHHATTISGARH, BILASPUR

                                          Order Sheet

                                     CRA No. 1939 of 2022

    Shiva Tandi S/o Kanistha Tandi aged about 18 years, R/o Sector 5, Street 41, Qtr. NO.
     3A, Servant Quarter Bhilai District- Durg (C.G.).
                                                                                   ---- Appellant
                                             Versus
    The State of Chhattisgarh Through- SHO PS Bhilai Nagar, Dist.- Durg (C.G).
                                                                                ---- Respondent

09.12.2022 Mr. Aman Pandey, counsel for the appellant.

Mr. Praveen Kumar Shrivastava, P. L. for the State. Heard.

Admit.

Call for the record of the Court below.

Heard on application for suspension of sentence and grant of bail to the appellant.

By the impugned Judgment dated 23.11.2022, passed by Additional Sessions Judge, Durg District-Durg (C.G.) in ST No.-12/2022 and Crime No. 495/2021, the appellant stands convicted and sentenced as under:

S. No. Conviction Sentences

1. Under Section 307 read with R.I. for 3 years and fine of Rs. 500/- in Section 34 of Indian Penal default of payment of fine amount to Code further undergo 2 months

Learned counsel for the appellant submits that the appellant has been falsely implicated in this case. He would further submit that short sentence has been granted to the appellant and during trial the appellant was in jail for 3 months and from 24.11.2022 till today he is in jail , the appeal is of the 2022 and disposal of the appeal

is likely to take some time. Therefore, it is prayed that the appellant may be released on bail.

On the other hand, learned State Counsel opposes submissions of the counsel for the appellant.

I have heard learned counsel for the parties. Considering the facts and circumstances of the case, nature & gravity of allegations against appellant and particularly considering the fact that short sentence has been awarded to the appellant and disposal of the appeal may take some time, without expressing anything on merit of the case I am inclined to allow the appellant to release on bail.

Accordingly, application for suspension of sentence and grant of bail is allowed and it is directed that execution of further substantive jail sentence of the appellant shall remain suspended and he 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 trial Court for his appearance before the Registry of this Court on 8th of February, 2023. He shall thereafter appear before Registry of this Court on a date to be given by the Registry of this Court and shall continue to appear on all such subsequent dates as are given to him by the Registry of this Court till the disposal of this appeal.

List this appeal for final hearing in due course.

Sd/--

(Narendra Kumar Vyas) Judge

amita