Chattisgarh High Court
Girvar Kumar Jangade vs State Of Chhattisgarh on 18 February, 2022
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
Criminal Appeal No.857 of 2018
1. Girvar Kumar Jangade S/o Suraj Aged About 16 Years R/o Village Haraftarai,
Police Station Arjuni, District Dhamtari Chhattisgarh
2. Angeshwar Yadav S/o Parauram Aged About 19 Years R/o Village Haraftarai,
Police Station Arjuni, District Dhamtari Chhattisgarh
--- Appellants
Versus
State Of Chhattisgarh Through Police Of Police Station Arjuni, District
Dhamtari Chhattisgarh
---Respondent
18/02/2022 Mr. Govind Dewangan, counsel for the appellants.
Mr. Devesh Verma, Govt. Advocate for the State.
Heard on I.A. No.1/2021, an application for suspension of
sentence and grant of bail.
This is repeat application filed for suspension of sentence and
grant of bail. The first application was dismissed as withdrawn on
26.09.2018.
The appellants have been convicted and sentenced by the
judgment of conviction and order of sentence dated 07.09.2016, in
Sessions Case No. 13/2016, passed by the Additional Sessions Judge
(F.T.C.), Dhamtari, District - Dhamtari (C.G.) with a direction to run all the
sentences concurrently in the following manner:-
Conviction Sentence
U/s. 376(D) of the Indian Penal R.I. for 10 years and fine of
Code. Rs.500/- and in default of
payment of fine, additional R.I.
for 02 months.
U/s. 323 of the Indian Penal R.I. for 06 months.
Code
U/s. 506 II of the Indian Penal R.I. for 01 year.
Code
Learned counsel for the appellants would submit that the earlier
application for suspension of sentence and grant of bail has not been
decided on merits. The present development is this that the appellants
have undergone about 06 years in jail that is more than the half of the
maximum sentence imposed upon them. It is also submitted that the co-
accused persons in this case have been granted bail after suspension of
sentence in Criminal Appeal No.1369 of 2016 vide order dated
23.03.2021 by the Co-ordinate Bench of this Court. The case of these
appellants is also similar. Therefore, these appellants are also entitled
for grant of bail.
Learned State counsel opposes the submissions and submits that
the prosecution has proved its case beyond reasonable doubt and there
is no case present for suspension of sentence and grant of bail.
I have heard the learned counsel for the parties and perused the
impugned judgment.
Considered on the submissions. Perused the evidence present on
record of the case and on that basis that it is found that the co-accused
persons namely- Harish Banjare and Roshan Ber, who had been granted
bail by the Co-ordinate Bench of this Court, are on the similar footing as
the present appellants are. Hence, only for this reason that the
appellants have undergone more than half of the jail sentence imposed
upon them, I feel inclined to allow this application.
Accordingly, I.A. No.1/2021, an application for suspension of
sentence and grant of bail is allowed.
Execution of substantive jail sentence imposed on appellants shall
remain suspended and they are directed to be released on bail on their
executing a personal bond for a sum Rs.25,000/- with one surety each for
the like sum to the satisfaction of the trial Court for their appearance
before the Registry of this Court on 25th of April, 2022. They 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 them by the said Court, till the disposal
of this appeal.
On request made by learned counsel for appellants, list this case
along with Criminal Appeal No.1369 of 2016 for final hearing in due
course.
Certified copy as per rules.
Sd/-
(Rajendra Chandra Singh Samant)
Judge
Monika
