Bhuvanlal Baghel vs State Of Chhattisgarh
2022 Latest Caselaw 299 Chatt

                                                                                   NAFR

                  HIGH COURT OF CHHATTISGARH, BILASPUR

                     Proceedings Through Video Conferencing

                                    CRA No. 104 of 2022

   Bhuvanlal Baghel, S/o Shri Lakhanlal Baghel, aged about 27 Years, R/o Village
     Tumdikasa, Police Station- Manpur, District- Rajnandgaon, Chhattisgarh. At
     Present Banglapara Narayanpur, Police Station and District- Narayanpur,
     Chhattisgarh.

                                                                             ----Appellant

                                           Versus

   State of Chhattisgarh, Through Police Station- Benur, District Narayanpur,
     Chhattisgarh.

                                                                          ---- Respondent

18/01/2022 Shri Tanmay Thomas, counsel for the appellant.

Shri Priyanshu Gutpa, P.L. for the State.

Heard on admission.

The appeal is admitted for hearing.

Call for the record of the trial Court.

Also heard on I.A. No.01 of 2022, application for suspension of

sentence and grant of bail to the appellant.

By the impugned judgment dated 21.12.2021 passed by the

Special Judge, NIA Act / Scheduled Offence, District Kondagaon, C.G., in

Special Case (NIA) No.75/2021, the appellant stands convicted and

sentenced as under:

Conviction Sentence Under Section 25(1-b)(a) of the Rigorous Imprisonment for two Arms Act, 1959 years and fine of Rs.5,000/-, in default of payment of fine amount to undergo further additional rigorous imprisonment for three months Considering the facts and circumstances of the case, in particular

the fact that the maximum sentence awarded to the appellant is of two

years and that due to COVID-19 pandemic, disposal of the appeal is

likely to take some time, without expressing any opinion on the merits of

the case, I am of the opinion that present is a fit case to suspend the jail

sentence imposed upon the appellant and to release him on bail.

Accordingly, the application (I.A. No.01 of 2022) 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.1,00,000/- with two sureties of

Rs.50,000/- each to the satisfaction of the trial Court. He shall appear

before the Registry of this Court on 09.05.2022 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 due course.

Sd/-

Gautam Chourdiya Judge

Akhilesh