Vipin Chandra Das vs State Of Chhattisgarh
2022 Latest Caselaw 4891 Chatt

             HIGH COURT OF CHHATTISGARH, BILASPUR

                                Order Sheet

                            CRA No. 1796 of 2017

    Vipin Chandra Das son of Late Sundarchandra Das, Aged About 30
     Years R/o Village Bacharapodi, P. S. Khandgawan, District Korea
     Chhattisgarh

                                                               ---- Appellant

                                   Versus

    State Of Chhattisgarh Through The Police Station Kamleshwarpur
     District Surguja Chhattisgarh

                                                             ---- Respondent

29/07/2022 Shri Pawan Shrivastava, Counsel for the Appellant.

Shri Sanjay Pathak, PL for the State.

Heard on I.A. No.2 second application under Section

389 (1) of Cr.P.C. for suspension of sentence and grant of

bail.

The appellant stands convicted by the judgment dated

30.10.2017 passed by the Additional Sessions Judge (F.T.C.)

Surguja (Ambikapur) in S.T. No.381/2012 for the offence

punishable under Sections 456, 354 & 306 of IPC and

sentenced to undergo R.I. for 3 years, 3 years & 10 years

respectively and to pay a fine of Rs.500/-, with usual default

stipulation.

Learned Counsel for the appellant submits that the

appellant was in jail from 16.05.2012 to 24.08.2012 during

trial and thereafter he is in detention from the date of

judgment dated 30.10.2017 as such he has completed 5

years in jail and the maximum sentence awarded to the

appellant is R.I. for 10 years, thereby in total he has

completed more than half of the jail sentence and hearing of

the appeal may take some time as the appeal is of the year

2017, therefore the substantive jail sentence imposed upon

the appellant may be suspended and he may be released on

bail.

Learned State Counsel do not dispute the fact that 5

years and few days the appellant has already suffered in jail.

Considering the fact that the appellant was in jail from

16.05.2012 to 24.08.2012 during trial and thereafter he is in

detention from the date of judgment dated 30.10.2017 and

the maximum sentence awarded to the appellant is R.I. for 10

years, thereby he has completed more than half of the jail

sentence and hearing of the appeal will take some time,

therefore I am inclined to release the appellant on bail.

Accordingly, I.A. No.2 application for suspension of

sentence and grant of bail is allowed.

Execution of further substantive jail sentence imposed

on the appellant shall remain suspended during the pendency

of this appeal and he is directed to be released on bail on his

executing personal bond for a sum Rs.25,000/- with one

surety for the like sum to the satisfaction of the trial court for

his appearance before the Registry of this Court on

09/09/2022. 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.

SD/-

Goutam Bhaduri Judge

ashu