Bhagwat Das Vaishnav vs State Of Chhattisgarh
2022 Latest Caselaw 4170 Chatt

                                            1

             HIGH COURT OF CHHATTISGARH, BILASPUR

                                     Order Sheet
                           Criminal Appeal No. 972 of 2022

   Bhagwat Das Vaishnav S/o Arjun Vaishnav, aged about 50 years, R/o Teacher
    Colony, Behind Ashoka College Kawardha, District Kabirdham (C.G.)

                                                                            ----- Appellant   s




                                      versus
   State of Chhattisgarh, Through - Station House Officer, Police Station - Kawardha,
    District Kabirdham (C.G.)
                                                                          ----- Respondent

01/07/2022 Shri Abhishek Sharma, Advocate for the appellant.

Ms. Deepti Shukla, Panel Lawyer for the State. Heard on I.A. No. 01 of 2022, application under Section 389 of Cr.P.C. for suspension of sentence and grant of bail to appellant.

By the impugned judgment dated 03.06.2022 passed by the Upper Sessions Judge, Kabirdham, District Kabirdham (C.G.) in Sessions Trial No. 33/2019, the appellant stands convicted and sentenced as under:

                              Conviction                            Sentences
                     Under Section 307 of IPC          R.I. for three years and fine of
                                                       Rs.500/-, in default of payment of
                                                       fine to further undergo R.I. for two
                                                       months

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

maximum sentence awarded to the appellant is of three years, he remained in

jail for about 413 days, during trial he was on bail and he did not misuse the

liberty so granted, the age of the appellant 50 years, he has no criminal

antecedents and 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 2022) 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 05th

September, 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

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