Satyanarayan Nagesiya vs State Of Chhattisgarh
2022 Latest Caselaw 4592 Chatt

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                  HIGH COURT OF CHHATTISGARH, BILASPUR
                                Order Sheet
                             CRA No. 442 of 2019
  Satyanarayan Nagesiya S/o Chuthul Ram Nagesiya Aged About 23 Years R/o Village
   Mendrakhurd, Thana Gandhinagar, District Surguja Chhattisgarh, District : Surguja
   (Ambikapur), Chhattisgarh
                                                                             ---- Appellant
                                         Versus
  State Of Chhattisgarh Through Thana Gandhinagar, District Surguja Chhattisgarh,
   District : Surguja (Ambikapur), Chhattisgarh
                                                                          --- Respondent

19.07.2022 Mr. Samir Singh, Counsel for the appellant.

Mr. Afroz Khan, P. L. for the State/respondent.

Heard on I.A.No.3, application for suspension of sentence and grant

of bail to the appellant.

By the impugned judgment and order of sentence dated 11.02.2019

passed by the learned Special Judge (NDPS), Mahasamund, District

Mahasamund, (C.G.) in Session Trial No. 103/2017, the appellant has

been convicted and sentence in the following manner:-

                           Conviction                        Sentence
                  Under Section 376 of I.P.C.     R.I. for 7 years and fine of Rs.
                                                  500/- and in default of payment
                                                  of fine additional S.I. for 15
                                                  days

Under Section 506 B of I.P.C. RI for 6 months and fine of Rs.500/- and in default of

payment of fine Additional S.I.

for 15 days.

Under Section 323 of I.P.C. RI for 1 year and fine of Rs.500/- and in default of payment of fine Additional S.I.

for 15 days.

Under Section 324 of I.P.C. RI for 1 year and fine of Rs.500/- and in default of payment of fine Additional S.I.

for 15 days.

Learned counsel for the appellant submits that the maximum

sentence awarded to the appellant is R.I. for 7 years . The appellant is in

jail since 12.08.2017 and more than half sentence is completed. He

placed reliance on a recent judgment of the Hon'ble Supreme Court in case

of Satender Kumar Antil Vs. Central Bureau of Investigation & Another

reported in 2022 LiveLaw(SC)577.

I have perused that application and for the reasons stated in the

application and the same is allowed.

Accordingly, I.A.No.3 is allowed.

The substantive jail sentence awarded to the appellant is

suspended during the pendency of this appeal and he is directed to

release on bail on his furnishing a personal bond in the sum of Rs.

25,000/- along with one surety in the like sum to the satisfaction of the

concerned trial Court for his appearance before the Registry of this Court

on 27th September, 2022. He shall thereafter appear before the trial Court

on a date to be given by the Registry of this Court and shall continue to

appear there on all such subsequent dates as are given to him by the said

Court, till the disposal of this appeal.

Certified copy as per rules.

List this case for final hearing.

Sd/-

(Sachin Singh Rajput)

Judge

parul