Amit Meshram vs State Of Chhattisgarh
2022 Latest Caselaw 4608 Chatt

                HIGH COURT OF CHHATTISGARH, BILASPUR
                                     Order Sheet
                                  CRA No. 20 of 2020


    Sonu Nag, S/o Kripa Ram Nag, Aged About 20 Years, R/o Sarvodaya Nagar,
     Police Station New Rajendra Nagar, Raipur , District Raipur Chhattisgarh.
                                                                      ---- Appellant
                                        Versus
    State Of Chhattisgarh Through Police Station New Rajendra Nagar, Raipur
     District Raipur Chhattisgarh.                          ---- Respondent

with CRA No. 1986 of 2019 & CRA No. 243 of 2020

20.07.2022 Mr. Shikhar Sharma, counsel for the appellant in CRA No. 20 of 2020 and Mr. K.K. Dewangan, counsel for the appellant in CRA No. 243 of 2020.

Ms. Priyamvada Singh, Dy. G.A. for the State/respondent.

CRA No. 20 of 2020

Heard on I.A. No.02/2020, application for suspension of sentence and grant of bail.

The appellant Sonu Nag has been convicted and sentenced by the judgment of conviction and order of sentence dated 06.12.2019 passed in Sessions Case No.219/2018 by the First Additional Sessions Judge, Raipur (C.G.) as under:-

             Conviction                                        Sentence
             Under Section 307/.34 of IPC          R.I. for five years with fine of Rs.
                                                   1,000/- and default in payment of
                                                   fine amount additional R.I. for one
                                                   month.

Learned counsel for the appellant submits that there is no reliable evidence against the present appellant to involve him in this case, essential ingredient of the offence for convicting the appellant is missing, the maximum sentence awarded to the appellant is R.I. for 5 years for the offence under Section 307 of IPC, whereas the appellant has completed more than half of the sentence. 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 and also looking to the provision of Section 436-A of CrPC, the appellant may be enlarged on bail.

On the other hand, learned counsel for the State opposes the above submissions.

Considering the facts & circumstances of the case, looking to the fact that appellant has already served half of sentence, the fact that sentence of the co-accused persons namely Amit Meshram, Sangam Nishad & Ankit Upadhyay have already been suspended and they are released on bail, keeping in view of the observations made by the Hon'ble Supreme Court in Satender Kumar Antil (supra) and looking to the provision of Section 436-A of CrPC, I am inclined to allow the bail application (I.A.No. 02/2020), accordingly the same 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 to the satisfaction of the trial Court.

Now, the appellant is directed to appear before the Registry of this Court on 28.09.2022 and thereafter appear before the trial Court on a date to be given by the Registry and thereafter continue to appear before the trial Court on all such dates as are given to him by the said Court till disposal of this appeal.

List these cases for final hearing.

Sd/-

(Sachin Singh Rajput) Judge

Nadim