Manhgu Khairwar vs State Of Chhattisgarh
2022 Latest Caselaw 4005 Chatt

                   HIGH COURT OF CHHATTISGARH, BILASPUR

                                          Order Sheet

                                     CRA No. 1719 of 2018

  • Manhgu Khairwar, S/o Late Shri Chaitu Khairwar, Aged About 45 Years, R/o Village-
    Kandri, Kanwarpara, Thana- Chado, District- Balrampur, Ramanujganj, Chhattisgarh.

                                                                                    ---- Appellant

                                             Versus

  • State of Chhattisgarh Through Police Station- Chando, District- Balrampur Ramanujganj,
    Chhattisgarh.

                                                                                 ---- Respondent

24/06/2022 Mr. Samir Singh, Counsel for the Appellant.

Mr. Sanjay Pathak, P.L. for the State.

Heard on I.A. No. 01/2022, application for modification of the order dated 09.12.2021.

By the impugned judgment dated 25.09.2018 passed by the learned Additional Sessions Judge, Ramanujganj, District- Balrampur (C.G.) in Sessions Trial No. 38/2012, appellant stands convicted under Sections 302 & 201 of the Indian Penal Code and sentenced him to undergo imprisonment for life with fine of Rs. 200/- and R.I. for three years with fine of Rs. 200/- respectively, plus default stipulation.

This Court by its order dated 09.12.2021 suspended the sentence and granted bail to the appellant with an order to furnish personal bond along with one surety 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 passed 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 28 th 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 09.12.2021 is modified to the extent indicated above.

Accordingly, I.A.No.01/2022 application for modification of order dated 09.12.2021 stands disposed of.

                      Sd/-                                       Sd/-
               (Goutam Bhaduri)                             (Rajani Dubey)
                    Judge                                       Judge
Ruchi