Shyam Rathia vs State Of Chhattisgarh
2022 Latest Caselaw 4854 Chatt

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                   HIGH COURT OF CHHATTISGARH, BILASPUR
                                      Order Sheet
                                  CRA No. 138 of 2018
  Shyam Rathia S/o Shri Ramkaran Aged About 27 Years R/o Village Beliya, P.S. Sonhat,
   District Koria Chhattisgarh At Present R/o Village Sarhari, P.S. Pratappur District
   ( Revenue And Civil ) Surajpur Chhattisgrh.
                                                                                 ---- Appellant
                                         Versus
  State   Of   Chhattisgarh   Through    District   Magistrate   Surajpur   District   Surajpur
   Chhattisgarh.
                                                                             --- Respondent

28.07.2022 Mr. Yogesh Pandey, Counsel for the appellant.

Ms. Richa Shukla, Dy. G.A. for the State/respondent.

Heard on I.A.No.3/2022, application for suspension of sentence and

grant of bail to the appellant.

By the impugned judgment of conviction and order of sentence dated

24.10.2016 passed by the learned Special Judge(SC/St Act), Surajpur,

District- Surajpur (C.G.) in Special Sessions Case No. 76/2014, the

appellant has been convicted for the offence punishable under Sections

376 & 450 of IPC and sentenced to undergo R.I. for 7 years and R.I. for 3

years respectively and to pay fine of Rs.1,000/- on each count with default

stipulations.

Learned counsel for the appellant submits that this Court vide order

dated 16.04.2018 was pleased to grant suspension of sentence and bail to

the appellant. In compliance of that order the appellant was released from

concerned jail. Thereafter, on couple of occasions he could not appear

before the trial Court, therefore, this Court canceled his bail bonds vide

order dated 13.01.2022 and he has been arrested on 26.04.2022 and now

he is serving the sentence. He further submits that he has almost served 2

years out of 7 years jail sentence awarded to him, therefore one more

opportunity may be granted to appellant on undertaking that he would not

misuse the liberty this time.

State counsel objected the same, earlier liberty was granted to the

appellant but he misused the same therefore, he is not entitled for the

same.

I have heard learned counsel for the parties, considering the fact that

the appellant has suffered 2 years of the jail sentence, one more

opportunity be granted to appellant on undertaking that he would not

misuse the liberty this time and hearing of the appeal will take some more

time, therefore, I am inclined to allow this application.

Accordingly, I.A.No. 3/2022 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 29th 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