Seemanchal vs State Of Chhattisgarh
2022 Latest Caselaw 464 Chatt

                                                                                    NAFR

                HIGH COURT OF CHHATTISGARH, BILASPUR

                    Proceedings Through Video Conferencing

                                   CRA No. 159 of 2022

  Seemanchal, S/o Udiyo Vinayat, aged about 36 Years, R/o Village and P.S.
    Chhattarpur, District Ganjaam (Orissa). Presently R/o Haldibadi, No. 04, Amanala,
    P.S. Chirmiri, District Koriya, Chhattisgarh.

                                                                            ---- Appellant

                                          Versus

  State of Chhattisgarh, Through Station House Officer, P.S. Chirmiri, District Koriya,
    Chhattisgarh.

                                                                         ---- Respondent

25/01/2022 Ms. Deblina Maity, counsel for the appellant.

Mr. Adil Minhaj, G.A. 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 31.12.2021 passed by the 2nd

Additional Sessions Judge, Manendragarh, District Koriya, C.G., in

Sessions Trial No.73/2016, the appellant stands convicted and sentenced

as under:-

                           Conviction                         Sentence

               Under Section 324 of Indian Rigorous Imprisonment              for
               Penal Code                  three years and fine                of
                                           Rs.1,000/-, in default              of
                                           payment of fine amount              to
                                                  undergo    further additional
                                                 rigorous imprisonment for six
                                                 months

Considering the facts and circumstances of the case, in particular

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

years, the appellant has already deposited the entire fine amount with the

concerned trial Court, the fact that the appellant was on bail during trial

and did not misuse the liberty granted to him 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