Shailendra Kujur vs State Of Chhattisgarh
2022 Latest Caselaw 3824 Chatt

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               HIGH COURT OF CHHATTISGARH, BILASPUR
                            Order Sheet
                           Criminal Appeal No. 770 of 2022

    Shailendra Kujur S/o Maniram Kujur, Aged 26 years, R/o Village Saraga, Mukinpara,
     P.S. Sitapur, District Surguja (C.G.)

                                                                             ----- Appellant    s




                                       versus
    State of Chhattisgarh, Through Station House Officer, Police Station Sitapur, District
     Surguja (C.G.)
                                                                    ----- State/Respondent

16/06/2022 Shri Nishi Kant Sinha, Advocate for the appellant.

Shri Shrikant Kaushik, Panel Lawyer for the State. Heard on I.A. No. 01 of 2022, application under Section 389 of Cr.P.C. for suspension of sentence and grant of bail to appellant.

By the impugned judgment dated 26.04.2022 passed by the Fifth Additional District & Sessions Judge, Ambikapur, Surguja (C.G.) in Sessions Trial No. 55/2019, the appellant stands convicted and sentenced as under:

                              Conviction                             Sentences
                   Under Section 458 of IPC               R.I. for three years and fine of
                                                          Rs.1,000/-,    in   default   of
                                                          payment of fine to further
                                                          undergo R.I. for one month
                   Under Section 307/34 of IPC            R.I. for five years and fine of
                   (against injured- Lodoram)             Rs.1,000/-,    in    default  of
                                                          payment of fine to further
                                                          undergo R.I. for three months
                   Under Section 307/34 of IPC            R.I. for five years and fine of
                   (against injured- Mata Bai)            Rs.1,000/-,    in    default  of
                                                          payment of fine to further
                                                          undergo R.I. for three months
                   Under Section 323/34 of IPC            R.I. for six months and fine of
                   (against Dharamsai)                    Rs.500/-, in default of payment
                                                          of fine to further undergo R.I. for
                                                          fifteen days
                   Under Section 323/34 of IPC            R.I. for six months and fine of
                   (against injured- Rajendra)            Rs.500/-, in default of payment
                                                          of fine to further undergo R.I. for
                                                          fifteen days
                                    All the sentences to run concurrently

Considering the material available on record, particularly considering the

age of the appellant who is 26 years old at the time of incident, he has no

criminal antecedent, one co-accused has died during trial and disposal of this

appeal is likely to take some time, without further commenting on merit, I am of

the opinion that present is a fit case to suspend the jail sentence imposed upon

the appellant and to release him on bail.

Accordingly, the application (I.A. No. 01 of 2022) is allowed.

It is directed that the execution of substantive jail sentence imposed upon

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 22nd August, 2022

and thereafter shall appear before the trial Court on a date to be given by the

Registry and shall continue to appear there on all such dates as are given to him

by the said Court till disposal of this appeal.

Certified copy as per rules.

List this appeal for final hearing in due course.

Sd/-

(Gautam Chourdiya) Judge

vatti