Bodhan Markam vs State Of Chhattisgarh
2022 Latest Caselaw 3668 Chatt

                      HIGH COURT OF CHHATTISGARH, BILASPUR
                                   Order Sheet

                                            CRA No. 877 of 2022

        Bodhan Markam S/o Janki Ram Markam Aged About 50 Years R/o Village-
        Donga, Police Station- Makola, District- Surguja (C.G.) At Present R/o Imam Bada,
        Nurani Chowk, Rajatalab, Pandri, District- Raipur (C.G.)

                                                                                      ---- Appellant

                                               Versus

        State Of Chhattisgarh Through The Station House Officer, Police Station- Kurud,
        District- Dhamtari (C.G.)

                                                                                ---- Respondent

Mr. Goutam Khetrapal, Advocate for the Appellant. 09/06/2022 Mr. Ravi Bhagat, GA for the State.

Heard.

Admit.

Call for the records.

Also heard on I.A. No.01/2022, for suspension of sentence and grant of bail to the appellant.

By the impugned judgment dated 26.04.2022 passed by the Additional Sessions Judge, District Dhamtari (C.G.), in Sessions Trial No.07/2019, the accused/appellant stands convicted under Section 279, 337(8 counts), 304-A of IPC and sentenced to undergo fine of Rs. 500/-, Fine of Rs. 500/- and S.I. for one year and fine of Rs. 500/- respectively, plus default stipulation.

Learned counsel for the appellant submits that the appellant has been wrongly convicted without there being any cogent and sufficient evidence on record. He also submits that the appellant remained in jail almost one month. He further submits that appellant was on bail during trial and he never misused the liberty. He next submits that there is no likelihood of appeal being decided in near future and, therefore, he may be released on bail.

On the other hand, State counsel opposes the bail application. Heard learned counsel for the parties and perused the material on record.

Considering the fact that appellant was on bail during trial and further considering the fact that the appeal may take some time for its final disposal, without entering into the merit of the case, I am inclined to grant him bail.

Accordingly, the application is allowed.

It is directed that execution of substantive jail sentences 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 13.07.2022. 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 subsequent dates as are given to him by the said Court, till the disposal of this appeal.

Accordingly, I.A. No.2/2022, Application for urgent hearing and I. A.

No.3/2022, Application for urgent hearing the case during summer vacation

stand disposed off.

List this case for final disposal in due course.

Sd/-

(Rajani Dubey) Vacation Judge

Rohit