Gangadhar Das Mahant vs State Of Chhattisgarh
2022 Latest Caselaw 4445 Chatt

                       HIGH COURT OF CHHATTISGARH, BILASPUR

                                             Order Sheet

                                         CRA No. 1491 of 2021
   Gangadhar Das Mahant S/o Brihaspatdas Mahant Aged About 25 Years R/o Village Belbhatha,
   Gidha, Police Station Kharsiya, Dsitrict Raigarh Chhattisgarh.
                                                                            ---- Appellant
                                                 Versus
   State Of Chhattisgarh Through Station House Officer, Police Station Dabhra, District Janjgir
   Champa Chhattisgarh.
                                                                           ---- Respondent

13/07/2022 Shri G.V.K. Rao and Shri Rajeev Kumar Dubey, counsel for the appellant.

Ms. Shivali Dubey, P.L. for the State.

Heard.

Admit.

Also heard on I.A. No.1 of 2021, application for suspension of sentence and grant of bail to the appellant.

By the impugned judgment dated 23/10/2021 passed by the First Upper Sessions Judge Sakti, District Janjgir-Champa (C.G.) in Session Case No 11/2017, the appellant stands convicted and sentenced as under :-

                  Conviction                                 Sentence

                  Under Section 394 of Indian                R.I. for 10 years and fine of Rs.
                  Penal Code                                 1,000/-. In default of payment of
                                                             fine further R.I. for six month.

Counsel for the appellant submits that the appellant is in jail since 20/01/2017 and he has already served more than 5½ 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. 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 2021) 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 30/08/2022 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