Netram Birhor vs State Of Chhattisgarh
2022 Latest Caselaw 3976 Chatt

                   HIGH COURT OF CHHATTISGARH, BILASPUR
                                               Order Sheet


                                           CRA No. 1495 of 2018

      Netram Birhor S/o Kendaram Birhor Aged About 35 Years R/o Village Sakin,
      Amaldih, Police Station Kartala, District (Revenue And Civil) Korba
      Chhattisgarh                                           ---- Appellant

                                          Versus

      State Of Chhattisgarh Through District Magistrate, Korba District (Revenue
      And Civil) Korba Chhattisgarh

                                                                     ----Respondent

23/06/2022 Shri Vineet Kumar Pandey, counsel for the appellant.

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

Heard on I.A. No.2 application for modification of order dated

16/01/2019.

Appellant has been convicted by the judgment dated 10/08/2018

passed in Sessions Case No.92/2007 by the Additional Sessions Judge,

Fast Track Court, District Korba (C.G.) in the following manner:

U/s 302 of IPC : Life imprisonment and fine of Rs.500/- in default of payment of fine amount 06 month additional R.I.

This Court by its order dated 16/01/2019 suspended the sentence and

granted bail to the appellant with an order to furnish personal bond alongwith

two local sureties for the like amount, to be released on bail by suspending

the jail sentence.

Learned counsel for the appellant would submit that till date the appellant is in jail and the surety could not be arranged or furnished,

therefore he may enlarged on personal bond.

Taking into fact that considerable time has passed and surety could

not be furnished and it is an appeal through legal aid, we direct that the

substantive jail sentence awarded to the appellant shall be suspended and

the appellant shall be released on bail on furnishing only a personal bond of

Rs.25,000/- to the satisfaction of the trial court for his appearance before the

concerned court on 27th July, 2022 and on all such further dates as may be

given to him by the trial court the appellant shall appear before the trial court

and the interval shall not be less than six months during the pendency of

this appeal.

With the aforesaid observation, the order dated 16/01/2019 is

modified to the extent indicated above.

Accordingly, I.A. No.2 application for modification of order dated

16/01/2019 stands disposed of.

                   Sd/-                                                 Sd/-

            (Goutam Bhaduri)                                       (Rajani Dubey)
                Judge                                                  Judge




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