Jageshwar Goswami @ Baba vs State Of Chhattisgarh
2022 Latest Caselaw 7479 Chatt

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                      HIGH COURT OF CHHATTISGARH, BILASPUR
                                          Order Sheet
                                    CRA No. 346 of 2022
Jageshwar Goswami @ Baba, S/o Shyam Goswami, Aged About 34 Years, R/o Aabadi
Para, Amleshwar, District- Durg (C.G.)
                                                                             ---- Appellant
                                         Versus
State of Chhattisgarh, Through Police Station Amleshwar, District- Durg (C.G.)
                                                                           ---Respondent

12.12.2022 None for the appellant.

Mr. Ajay, Panel Lawyer for the State/respondent. Heard on application for suspension of sentence and grant of bail to the appellant.

By the impugned judgment dated 27.09.2021 passed by the learned Additional Sessions Judge (F.T.C.), Durg (C.G.) in Session Trial No. 11/2016, the appellant stands convicted, as under:-

                     Conviction                                Sentence
              U/s 450 of IPC             : R.I. for 7 years with fine of Rs. 2000/- in

default of payment of fine additional R.I. for 1 year.

U/s 506 (II) of IPC : R.I. for 1 year with fine of Rs. 1000/- in default of payment of fine additional R.I. for 3 months.

U/s 376 (I) of IPC : R.I. for 10 years with fine of Rs. 2000/- in default of payment of fine additional R.I. for 1 year.

(All sentence are concurrently) Learned State counsel opposes the bail application and submitted that there is clinching evidence against the appellant regarding commission of offence, therefore, the appellant is not entitled for grant of bail.

Record of the case would show that the appellant has already suffered 4

years 5 months & 10 days of jail sentence.

Considering the statement of medical evidence adduced by the prosecution i.e. (PW-9), wherein she has stated that no exact opinion can be given with respect to the commission of offence, the appellant has suffered 4 years 5 months & 10 days of jail sentence out of total sentence i.e. 10 years awarded to the appellant and also considering the fact that the appeal being of the year 2022, final hearing of the same will likely to take time, I am inclined to suspend the sentence of the appellant and release him 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 February, 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 appeal for final hearing in its chronological order.

Sd/-

(Narendra Kumar Vyas) Judge

Arun