Somaru Bhaskar vs State Of Chhattisgarh
2022 Latest Caselaw 670 Chatt

                                       1




             HIGH COURT OF CHHATTISGARH, BILASPUR
                          Order Sheet

                              CRA No. 69 of 2019

 Somaru Bhaskar,    S/o Malla @ Borra Bhaskar, Aged About 36 Years, R/o
  Village Khalhepara, Molasnar, Police Station- Bhansi, District- Dantewada,
  Chhattisgarh.                                               ---- Appellant

                                   Versus

 State of Chhattisgarh, Through- The Station House Officer, Police Station
  Bhansi, District- Dantewada, Chhattisgarh.                       ---- Respondent

08.02.2022 Shri Aditya Khare, counsel for the appellant.

Smt. Binu Sharma, P.L. for the State.

Heard on I.A. No. 01/2019, application for suspension of sentence and grant of bail.

The appellant has been convicted and sentenced by the judgment of conviction and order of sentence dated 31.10.2018 passed in Special Session Case No. 291/2017 by the Sessions Judge, Sourth Bastar Dantewada (C.G.) as under:-

                               Conviction                     Sentence
                        Under Section 326 of IPC      R.I. for 5 years with fine
                                                      of Rs.500/- and default in
                                                      payment of fine amount
                                                      additional    R.I.   for   3
                                                      months.





           Under Section 452 of IPC         R.I. for 3 years with fine
                                            of Rs. 500/- and default
                                            in   payment        of   fine
                                            amount        additional R.I.
                                            for 3 months.

Learned counsel for the appellant submits that there is no reliable evidence against the present appellant to involve him in this case, essential ingredient of the offence for convicting the appellant is missing, the appellant is in jail since 03.08.2017, he has completed more than 4 years sentence and disposal of this appeal is likely to take some time, therefore, the appellant be released on bail.

On the other hand, learned counsel for the State opposes bail application.

Considering the facts & circumstances of the case, the maximum sentence awarded to the appellant is 5 years, now the appellant has completed more than 4 years of sentence, final disposal of this appeal is likely to take some time, without commenting anything on merits of the case, the application is allowed.

It is directed that the execution of 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 in the sum of Rs.50,000/- with one surety of Rs. 50,000/- to the satisfaction of the trial Court.

He shall appear before the Registry of this Court on 13.06.2022 and thereafter appear before the trial Court on a date to be given by the Registry and thereafter continue to appear before

the trial Court on all such dates as are given to him by the said Court till disposal of this appeal.

List the case for final hearing in the week commencing 04.04.2022.Certified copy as per rules. ist Sd/-

(Gautam Chourdiya) Judge

Nadim