Tomendra Kumar Banjare vs State Of Chhattisgarh
2022 Latest Caselaw 7530 Chatt

             HIGH COURT OF CHHATTISGARH, BILASPUR
                            CRA No. 1970 of 2022
  Tomendra Kumar Banjare S/o Late Makhan Lal Banjare Aged About 22 Years
  Resident Of Bholapur, P.S. Chhuriya, District Rajnandgaon Chhattisgarh.
                                                                        ---- Appellant
                                    Versus
  State of Chhattisgarh Through- Station House Officer, Police Station Chhuriya
  District Rajnandgaon Chhattisgarh.

                                                                  ---- Respondent

13/12/2022 Mr. Shaleen Singh Baghel, Advocate for the appellant.

Ms. Abhiyunnati Singh, PL for the State.

Heard.

Admit.

Call for the record of the Court below.

Also heard on application (I.A. No. 01/2022) for suspension of

sentence and grant of bail to the appellant.

By the impugned Judgment dated 25.11.2022 passed by learned Special Judge (Electricity), Act Rajnandgaon District Rajnandgaon (CG) in Special Electricity Case No. 01/2021, the appellant stands convicted and sentenced as under:

                       Conviction                            Sentence
              U/s. 304 (A) IPC               RI for 2 years with fine of Rs. 10,000/-

in default of payment of fine additional RI for 2 months.

Learned counsel for the appellant submit that the appellant remained in jail from 28.12.2020 to 10.03.2021 and has already served 2½ months of jail sentence whereas he has been awarded short sentence of two years and he did not misuse the liberty granted to him, therefore, application filed under Section 389(2) for suspension of sentence and grant of bail may be considered.

On the other hand, learned State Counsel opposes application filed under Section 389(2) CrPC for suspension of sentence and grant of bail.

I have heard learned counsel for the parties. Considering the facts and circumstances of the case, particularly considering the short sentence awarded to the appellant and fine amount has already been deposited by him and he has already remained in jail about 2½ months and final hearing of this appeal is likely to take considerable time, hence, I feel inclined to allow I.A. No.01/2022.

Accordingly, the application is allowed. It is directed that the substantive jail sentence imposed upon the appellant shall remain suspended during the pendency of this Appeal and he shall be released on bail on his furnishing a personal bond for a sum of Rs. 25,000/- with one surety for the like sum to the satisfaction of the Trial Court for his appearance before the Registry of this Court on 02.02.2023. he shall thereafter continue to appear before the Registry of this Court on all such subsequent dates are are given to him by the Registry of this Court till the disposal of this appeal.

Sd/-

(Narendra Kumar Vyas) Judge

santosh