Chandrahas Singh Thakur @ Mukku @ ... vs State Of Chhattisgarh
2022 Latest Caselaw 4402 Chatt

                       HIGH COURT OF CHHATTISGARH, BILASPUR

                                             Order Sheet

                                        CRA No. 609 of 2015
   Chandrahas Singh Thakur @ Mukku @ Mukesh Singh Thakur S/o Bhupal Singh Thakur Aged
   About 33 Years R/o Village Sunderkera, P.S. Gobra Nawapara, District Raipur, Chhattisgarh,
   Chhattisgarh
                                                                              ---- Appellant
                                                  Versus
   The State Of Chhattisgarh S/o Through Police Station, Gobra Nawapara, District Raipur,
   Chhattisgarh, Chhattisgarh
                                                                      ---- Respondent

11/07/2022 Shri Rakesh Kumar Tiwari, counsel for the appellant.

Shri Praveen Shrivastava, P.L. for the State.

Heard on I.A. No.1 of 2022, application for suspension of sentence and grant of bail to the appellant.

By the impugned judgment dated 17/05/2013 passed by the Additional Sessions Judge, Gariyaband, District Gariyaband (C.G.) in Session Case No 47/2011, the appellant stands convicted and sentenced as under :-

                  Conviction                               Sentence

                  Under Section 304 Part II (B)            R.I. for 7 years and fine of Rs.
                  of Indian Penal Code                     5,000/-. In default of payment of
                                                           fine further R.I. for six months.

Counsel for the appellant submits that on 07/08/2015 was granted suspension of sentence by this Court and in compliance of that order he was released on bail and was directed to appear before the Registry of this Court, however, in some occasions he could not appear, therefore, his bail bond shall cancelled vide order dated 25/01/2021 and non- bailable warrant was issued against the appellant and in compliance of this he is now serving the sentence. It is further contended by learned counsel for the appellant that the appellant is sentence RI for seven years, however, during the pendency of the case before the trial Court and during the pendency of appeal is has served sentence of five years, hence appellant sentence may be suspended.

Learned counsel for the State submits that the appellant has already served/undergone five years out of seven years of sentence imposed upon him.

Heard learned counsel for the parties.

Looking to the facts and circumstances of the case, looking to the sentence period of the appellant, earlier also suspension of sentence has also been grated to the appellant on 07/08/2015 and considering the fact that appellant has already served/undergone five years out of seven years of sentence, 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 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.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 27/09/2022 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