Dharmendra @ Kodga Gond vs State Of Chhattisgarh
2022 Latest Caselaw 463 Chatt

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                    HIGH COURT OF CHHATTISGARH, BILASPUR
                      Proceedings through Video Conferencing
                                      Order Sheet
                           Criminal Appeal No. 1452 of 2021

     Dharmendra @ Kodga Gond S/o Bhagirathi Gond, aged about 28 years, R/o Uslapur,
      P.S. Thankhamhariya, District Bemetara (C.G.)

                                                                               ----- Appellant   s




                                         versus
     State of Chhattisgarh, through the Police Station- Thankhamhariya, District Bemetara
      (C.G.)
                                                                            ----- Respondent

25/01/2022 Shri Suresh Kumar Verma, Advocate for the appellant.

Shri Shrestha Gupta, Panel Lawyer for the State. Heard on I.A. No. 01 of 2021, application under Section 389 of Cr.P.C. for suspension of sentence and grant of bail to appellant.

By the impugned judgment dated 06.10.2021 passed by the Sessions Judge, Bemetara, District Bemetara (C.G.) in Sessions Case No. 13/2020, the appellant stands convicted and sentenced as under:

                              Conviction                              Sentences
                  Under Section 341 of IPC                 Fine of Rs.500/-, in default of
                                                           payment of fine to further
                                                           undergo additional imprisonment
                                                           for one month
                  Under Section 307 of IPC                 R.I. for four years and fine of
                                                           Rs.500/-, in default of payment
                                                           of fine to further undergo
                                                           additional imprisonment for one
                                                           month

Considering the material available on record, in particular the fact that

maximum sentence awarded to the appellant are of four years, further considering

that the medical report has not supported the prosecution case, the evidence of

PW-1 Mukesh Verma and PW-11 Manish Kumar Thakur, Assistant Medical

Officer, the age of the appellant i.e. 28 years at the time of incident, the appellant

was on bail during trial and did not misuse the liberty so granted, and that the

appellant has no criminal antecedents, due to Covid-19 pandemic, disposal of this

appeal is likely to take some time, without further commenting on merit, 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 2021) is allowed.

It is directed that the execution of substantive jail sentence imposed upon

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 14th March, 2022 and thereafter shall

appear before the trial Court on a date to be given by the Registry and shall

continue to appear there on all such dates as are given to him by the said Court

till disposal of this appeal.

Certified copy as per rules.

List this appeal for final hearing in due course.

Sd/-

(Gautam Chourdiya) Judge

vatti