Uday Kumar @ Uda vs State Of Chhattisgarh
2022 Latest Caselaw 524 Chatt

                                                                                      NAFR

                 HIGH COURT OF CHHATTISGARH, BILASPUR

                                    CRA No. 195 of 2022

   Uday Kumar @ Uda, S/o Late Shri Har Prasad Vishvakarma, aged about 55
    Years, R/o Village Bodsara, Near Mangal Bazar, P.S. Janjgir, District Janjgir
    Champa, Chhattisgarh.

                                                                               ---- Appellant

                                           Versus

   State of Chhattisgarh, Through the Police Station Torwa, District Bilaspur,
    Chhattisgarh.

                                                                            ---- Respondent

28/01/2022 Shri Suresh Kumar Verma, counsel for the appellant.

Shri 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 17.01.2022 passed by the 5 th

Additional Sessions Judge, Bilaspur, District Bilaspur, C.G. in Sessions

Case No.10/2021, the appellant stands convicted and sentenced as

under:-

Conviction Sentence

Under Section 456 of Indian Rigorous Imprisonment for one Penal Code year and fine of Rs.100/-, in default of payment of fine amount to undergo further additional imprisonment for ten days

Under Section 354 of IPC Rigorous Imprisonment for one year and fine of Rs.100/-, in default of payment of fine amount to undergo further additional imprisonment for ten days (Both sentences were directed to run concurrently)

Considering the facts and circumstances of the case, in particular

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

year, 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