Golu @ Ghanshyam Das Vaishnav vs State Of Chhattisgarh
2022 Latest Caselaw 4265 Chatt

                      HIGH COURT OF CHHATTISGARH, BILASPUR

                                            Order Sheet

                                       CRA No. 1893 of 2019
   Golu @ Ghanshyam Das Vaishnav Son Of Late Shambhu Das Aged About 26 Years Resident
   Of Near Jagdish Mandir, Patelpara, Police Station And District- Narayanpur Chhattisgarh,
   District : Narayanpur, Chhattisgarh
                                                                            ---- Appellant
                                                Versus
   State Of Chhattisgarh Through The Station House Officer, Police Station- Narayanpur, District-
   Narayanpur Chhattisgarh, District : Narayanpur, Chhattisgarh
                                                                              ---- Respondent

06/07/2022 Shri Rahul Mishra, counsel for the appellant.

Ms. Richa Shukla, Dy. Govt. Adv. for the State.

Heard on I.A. No.1 of 2019, application for suspension of sentence under Section 389 of Code of Criminal Procedure and grant of bail to the appellant.

By the impugned judgment dated 20/09/2019 passed by the Special Judge, SCST (PA) Act, 1989 Kondagaon, District Kondagaon (C.G.) in Session Case No 46/2016, the appellant stands convicted and sentenced as under :-

                  Conviction                              Sentence

                  Under Section 366 of Indian             R.I. for 5 years and fine of Rs.
                  Penal Code                              5,000/-. In default of payment of
                                                          fine further R.I. for one month.

                  Under Section 376 (2)(n) of             R.I. for 10 years and fine of Rs.
                  Indian Penal Code                       25,000/-. In default of payment of
                                                          fine further R.I. for five months.

Counsel for the appellant submits that the appellant is in jail since 28/04/2016 and he has already served more than six years which is more than half sentence awarded to him. State counsel does not dispute the proposition and submits that the appellant has already served more than half years sentence awarded to him. Learned counsel for the appellant relied upon the judgment of Hon'ble Supreme Court reported in (2006) 9 SCC 602 in the matter of 'Salim Javed Vs. State of Rajasthan'.

Heard learned counsel for the parties.

Looking to the facts and circumstances of the case, looking to the sentence period of the appellant, disposal of the appeal will take some time, 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.1 of 2019) 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.25,000/- with one surety for the like sum to the satisfaction of the trial Court. He shall appear before the Registry of this Court on 25/08/2022 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 subsequent dates as are given to him by the said Court till disposal of this appeal.

List this appeal for final hearing.

Sd/-

(Sachin Singh Rajput) JUDGE

Kamde