Kunal Baghel @ Ankit Fufa vs State Of Chhattisgarh
2022 Latest Caselaw 3685 Chatt

               HIGH COURT OF CHHATTISGARH, BILASPUR
                                     Order Sheet
                                  CRA No. 729 of 2022
   Kunal Baghel @ Ankit Fufa, S/o Rajeshwar Singh Baghel, Aged About 25
    Years, R/o Tulsipur Near Masjid, Rajnandgaon, District Rajnandgaon,
    Chhattisgarh.                                           ---- Appellant
                                        Versus
   State of Chhattisgarh, Through Station House Officer of Police Station
    Kotwali, District- Rajnandgaon, Chhattisgarh.         ---- Respondent

13.06.2022 Shri Rajnish Singh Baghel, counsel for the appellant.

Smt. Usha Chandrakar, P.L. for the State/respondent.

Heard on I.A. No. 01/2022, application for suspension of sentence and grant of bail.

The appellant has been convicted and sentenced by the judgment of conviction and order of sentence dated 19.04.2022 passed in Sessions Case No.39/2019 by the Additional Sessions Judge (FTC) Rajnandgaon (C.G.) as under:-

              Convictions                          Sentences
             U/s. 294 of IPC                       R.I. for 3 months and fine of
                                                   Rs. 100/-, default in payment
                                                   of fine amount, additional R.I.
                                                   for 10 days.
             U/s. 506 of IPC                       R.I. for 2 years and fine of Rs.
                                                   500/-, default in payment of
                                                   fine amount, Additional R.I. for
                                                   2 months.
             U/s. 323/34 of IPC                    R.I. for 6 months and fine of
                                                   Rs. 500/-, default in payment
                                                   of fine amount, Additional R.I.
                                                   for 2 months.
             U/s. 307/34                           R.I. for 10 years and fine of Rs.
                                               500/-, default in payment of
                                              fine amount, Additional R.I. for
                                              2 months.

Considering the facts & circumstances of the case, age of the appellant i.e. 25 years, nature of injury caused by other juvenile of this case, he has not made assault upon the victim, there is no criminal antecedents shown by the State counsel nor is there any previous conviction of the appellant, final disposal of this appeal is likely to take some time, without commenting anything on merits of the case, the application (I.A. No.1/2022) is allowed.

It is directed that the 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 furnishing a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs. 50,000/- each to the satisfaction of the trial Court. He shall appear before the Registry of this Court on 29.08.2022 and thereafter appear before the trial Court on a date to be given by the Registry and thereafter continue to appear before the trial Court on all such dates as are given to him by the said Court till disposal of this appeal.

List the case for final hearing in due course.

Sd/-

(Gautam Chourdiya) Judge

Nadim