Toman Prasad Yadav vs State Of Chhattisgarh
2022 Latest Caselaw 4883 Chatt

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                   HIGH COURT OF CHHATTISGARH, BILASPUR
                             CRA No. 1190 of 2019
   Toman Prasad Yadav S/o Goverdhan Prasad Yadav Aged About 55 Years R/o Kharaud,
    Tiwari Para, Ward No. 4, Police Station Shivrinarayan, District Janjgir Champa
    Chhattisgarh.
                                                                            ---- Appellant
                                          Versus
   State Of Chhattisgarh Through The Station House Officer, Police Station Shivrinarayan,
    District Janjgir Champa Chhattisgarh.
                                                                         --- Respondent

29.07.2022 Mr. Harish Khuntiya, Counsel for the appellant.

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

Heard on I.A.No.01/2019, application for suspension of sentence and grant of bail to the appellant.

By the impugned judgment of conviction and order of sentence dated 16.07.2019 passed by the learned Sessions Judge, District Janjgir-Champa (C.G.) in ST No.16/2019 the appellant has been convicted for the offence punishable under Section 307 of the IPC and sentenced to undergo R.I. for 7 years and pay fine of Rs.500/- in default of payment of fine 15 days S.I.

Learned counsel for the appellant submits that appellant has falsely been implicated in this case and he has not committed any offence, he further submits that appellant has completed about 3 years and 6 months out of 7 years jail sentence awarded to him and the appeal will take some time for hearing on merits, therefore the substantive jail sentence imposed upon appellant may be suspended and he may be released on bail. He placed reliance on a recent judgment of the Hon'ble Supreme Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation & Another reported in 2022 LiveLaw(SC)577.

State counsel opposes the application for suspension of sentence and grant of bail.

I have heard learned counsel for the parties, considering the fact that the appellant has suffered 3 years and 6 months out of 7 years jail sentence awarded to him and hearing of the appeal will take some more time and considering the judgment of Hon'ble the Supreme Court, therefore, I am inclined to allow this application.

Accordingly, I.A.No.1/2019 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