Puran Joshi vs State Of Chhattisgarh
2022 Latest Caselaw 3666 Chatt

              HIGH COURT OF CHHATTISGARH, BILASPUR

                                  Order Sheet
                              CRR No. 553 of 2022

• Puran Joshi S/o Hetram Joshi Aged About 25 Years R/o Village Kukrachunda, Police
  Station Bhatapara Gramin, District Balodabazar- Bhatapara Chhattisgarh

                                                                         ---- Applicant

                                     Versus

• State Of Chhattisgarh Through Police Station Bhatapara Gramin, District Balodabazar-
  Bhatapara Chhattisgarh

                                                                      ---- Respondent

09/06/2022 Shri Atanu Ghosh, counsel for the appellant.

Shri Lalit Jangde, Dy.G.A. for the State.

Heard.

Admit.

Call for the records.

Also heard on I.A.No.1/2022, application for suspension of sentence and grant of bail.

By the impugned judgment dated 28.05.2022 passed by the learned Additional Sessions Judge, Bhatapara, District - Baloda Bazar - Bhatapara (CG) in Cr.A. No.21/2019, the accused / applicant has been convicted under Section 279 of IPC and Section 338 of IPC and sentenced to undergo imprisonment till rising of the Court and fine of Rs.500/- and S.I. for 3 months with fine of Rs.500/- respectively, plus default stipulation, affirming the judgment of conviction and sentence dated 02.02.2019 passed in criminal case No.199/2014 passed by the learned Judicial Magistrate 1st Class, Bhatapara, District - Baloda Bazar - Bhatapara (CG).

Learned counsel for the appellant would submit that the appellant has been wrongly convicted without there being any cogent and sufficient evidence on record. It is submitted that the prosecution has not been able to prove the case beyond reasonable doubt. Therefore, it is prayed that the appellant may be granted bail as there is no likelihood of early hearing of the appeal.

On the other hand, learned State counsel opposes bail application.

Heard learned counsel for the parties and perused the material on record.

Considering the submission of learned counsel for the parties and considering that the appeal may take sometime for its final disposal, without entering into the merits of the case, I am inclined to grant bail to the appellant.

Accordingly, I.A.1/2022 is allowed. It is directed that 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 executing a personal bond for a sum of Rs.25,000/- with one solvent surety for the like sum to the satisfaction of the Trial Court for his appearance before the Registry of this Court on 11.07.2022. 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 dates as may be given to them by the said Court till the disposal of this appeal.

List the matter for final hearing in due course.

I.A.No.2, application for listing the case during summer vacation and I.A.No.3, application for urgent hearing are disposed of.

Sd/-

( Rajani Dubey) Vacation Judge

Deepti