Rohit Sahu vs State Of Chhattisgarh
2022 Latest Caselaw 7670 Chatt

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                      HIGH COURT OF CHHATTISGARH, BILASPUR

                                          Order Sheet

                                     CRA No. 1270 of 2022

    Rohit Sahu S/o Late Tulsiram Sahu, aged about 32 years, Occupation- teacher, R/o
     Camp-1, Bhilai, District- Durg (C.G.).

                                                                                 ---- Appellant
                                             Versus
    The State of Chhattisgarh Through- Station House Officer, Police Station Bhilai- Nagar,
     District- Durg (C.G).

                                                                               ---- Respondent

20.12.2022 Mr. Sanjay Kumar Agrawal, counsel for the appellant.

Mr. Ishwari Ghritlahre, P. L. for the State/respondent. Heard on application I.A. No. 02/2022, for suspension of sentence and grant of bail to the appellant- Rohit Sahu.

By the impugned Judgment dated 31.08.2021, passed by 2 nd Additional Sessions Judge, Durg, District- Durg (C.G.) in S.T. No.-117/2019 and Crime No. 447/2018, the appellant stands convicted and sentenced as under:

S. No. Conviction Sentences

1. Under Section 392 of Indian R.I. for 2 years and fine Penal Code of Rs. 5000/- in default of payment of fine amount to further undergo 6 months

Learned counsel for the appellant submits that the present appellant and two other accused persons have been falsely implicated in this case. He would further submit that the two other accused persons namely-Mukesh Sharma and Rahul Vishwkarma have already been granted bail by the Coordinate Bench of this Court.

He would further submit that during trial the appellant was in jail from 22.10.2018 to 23.12.2020 and even after the conviction and sentenced passed by the Special Judge on 31.08.2021 till today (total detention period 23 months), he is in jail. He would lastly submit that the appeal being of 2022 year 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 the appeal being of 2022 year and disposal of the appeal is likely to take some time, without expressing anything on merit of the case I am inclined to allow the appellant to release on bail.

Accordingly, application I.A. No. 02/2022 for suspension of sentence and grant of bail is allowed and it is directed that execution of further substantive jail sentence of the appellant- Rohit Sahu 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 15th of March, 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