Ashutosh Gupta vs State Of Chhattisgarh
2022 Latest Caselaw 3921 Chatt

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                HIGH COURT OF CHHATTISGARH, BILASPUR
                             Order Sheet
                            Criminal Appeal No. 863 of 2022

     Ashutosh Gupta alias Vittu, aged about 27 years, S/o Kamlesh Chand Gupta,
      resident of Mahal Para Baikunthpur, Police Station - Baikunthpur, District Koria
      (C.G.)

                                                                              ----- Appellant   s




                                        versus
     State of Chhattisgarh, through Station House Officer of Police Station Baikunthpur,
      District Koria (C.G.)
                                                                            ----- Respondent

Alongwith Criminal Appeal No. 872 of 2022

 Faizan Dhebar S/o Faruque Dhebar, aged about 32 years, R/o Ward No. 6, Main Road Schoolpara, Baikunthpur, District Koriya (C.G.)

----- Appellant s

versus  State of Chhattisgarh, through Police Station - Baikunthpur, District Koriya (C.G.)

----- Respondent

21/06/2022 Shri Rajeev Shrivastava, Senior Advocate with Shri Pushp Kumar Gupta,

Advocate for the appellant in Cr.A. No. 872/2022.

Ms. Sameeksha Gupta and Shri Shrestha Gupta, Advocates for the

appellant in Cr.A. No. 863/2022.

Ms. Binu Sharma, Panel Lawyer for the State.

Heard on I.A. No. 1 of 2022 in Cr.A.No. 863/2022 and I.As. No. 1/2022 &

4/2022 in Cr.A. No. 872/2022, applications under Section 389 of Cr.P.C. for

suspension of sentence and grant of bail to the appellants.

By the impugned judgment dated 11.05.2022 passed by the Sessions

Judge, Baikunthpur, District Koriya (C.G.) in Sessions Case No. 56/2017, each

appellants stands convicted and sentenced as under:

                           Conviction                            Sentences
             Under Section 307/34 of IPC             R.I. for seven years and fine of
                                                     Rs.500/- each, in default of
                                                     payment of fine to further
                                                     undergo S.I. for one month each

Considering the material available on record, particularly considering the

age of the appellants who are 27 & 32 years, detention period of the appellants,

victim- Rahul Yadav was admitted in hospital for 4 days & thereafter he was

discharged from the hospital without any complication, and disposal of both the

appeals are likely to take some time, without further commenting on merit, I am of

the opinion that present are the fit cases to suspend the jail sentence imposed

upon the appellants and to release them on bail.

Accordingly, I.A. No. 1 of 2022 in Cr.A.No. 863/2022 and I.As. No. 1/2022

& 4/2022 in Cr.A. No. 872/2022 are allowed.

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

appellants shall remain suspended during the pendency of both the appeals and

they shall be released on bail on each of them 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. They shall appear before the Registry of this Court on 29th

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 them by the said Court till disposal of both the appeals.

Certified copy today as per rules.

List these appeals for final hearing in due course.

Sd/-

(Gautam Chourdiya) Judge

vatti