Rajendra Daharia vs State Of Chhattisgarh
2022 Latest Caselaw 7673 Chatt

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                HIGH COURT OF CHHATTISGARH, BILASPUR

                                   Order Sheet

                               CRA No. 331 of 2022

 Rajendra Daharia S/o Heeralal Daharia Aged About 28 Years R/o Village - Rasauta,
  Police Station - Palari, District - Balodabazar - Bhatapara (Chhattisgarh), District :
  Balodabazar-Bhathapara, Chhattisgarh
                                                                          ---- Appellant
                                      Versus
 State Of Chhattisgarh Through The Station House Officer, Police Station - City Kotwali,
  Balodabazar, District - Balodabazar-Bhatapara (Chhattisgarh), District : Balodabazar-
  Bhathapara, Chhattisgarh
                                                                        ---Respondent

20.12.2022 Mr. Anurag Khatri, counsel for the appellant.

Mr. B.L. Sahu, Panel Lawyer for the State.

Heard on application for suspension of sentence. By the impugned judgment dated 26.11.2021 passed by the learned Third Additional Sessions Judge, Balodabazar (C.G.) in Sessions Trial No. 18/2021, the appellant stands convicted, as under:-

                         Conviction                           Sentence
                 U/s 397 of IPC             : R.I. for 7 years

Learned counsel for the appellant would submit that the appellant has already remained in jail for 3 years and 1 month whereas he has been awarded sentence RI for 7 years and further the appeal being of the year 2022, final hearing of the same will likely to take time, the sentence be kindly be suspended. .

On the other hand, learned State counsel would submit that the appellant has rightly been convicted after appreciating the facts and materials available on record, hence, the application for suspension of sentence be kindly rejected.

Considering the fact that the maximum jail sentence awarded to the appellant is RI 7 years and he has already completed 3 years and 1 month and further considering the fact that the appeal being of the year 2022, final hearing of the same will likely to take time, I am inclined suspend the sentence awarded to 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 19 th January, 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.

Sd/-

(Narendra Kumar Vyas) Judge

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