Hidma Poyami vs State Of Chhattisgarh
2022 Latest Caselaw 3977 Chatt

                   HIGH COURT OF CHHATTISGARH, BILASPUR
                                                Order Sheet
                                             CRA No. 1251 of 2018
      Hidma Poyami S/o Late Hurra Poyami Aged About 60 Years R/o Chandenar
      Hemantpara, Police Station City Kotwali, Dantewada District Dantewada
      Chhattisgarh                                       ---- Appellant

                                          Versus

      State Of Chhattisgarh Through The Station House Officer, Police Station
      Dantewada District Dantewada Chhattisgarh

                                                                       ----Respondent

23/06/2022 Shri Akhil Mishra, 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

30/11/2018.

Appellant has been convicted by the judgment dated 18 th July, 2018

passed in Sessions Case No.202/2017 by the Additional Sessions Judge,

Fast Track Court, South Bastar, Dantewada (C.G.) in the following manner:

U/s 302 of IPC : Life imprisonment and fine of Rs.100/- in default of payment of fine amount 01 month additional R.I.

This Court by its order dated 30/11/2018 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 a jail appeal, 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 26th 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 30/11/2018 is

modified to the extent indicated above.

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

30/11/2018 stands disposed of.

                   Sd/-                                               Sd/-

            (Goutam Bhaduri)                                     (Rajani Dubey)
                Judge                                                 Judge




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