Basant Kumar Miri vs State Of Chhattisgarh
2022 Latest Caselaw 1186 Chatt

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                     HIGH COURT OF CHHATTISGARH, BILASPUR
                                        Order Sheet
                                  CRA No. 1228 of 2021
  Basant Kumar Miri S/o Sunil Kumar Miri Aged About 32 Years R/o Village Lachhanpur,
  Out Post Karhibazar, P.S. City Kotwali, Baloda Bazar, District Baloda Bazar Bhatapara
  Chhattisgarh.,                                                         ---- Appellant

                                          Versus

 State Of Chhattisgarh Through S.H.O. City Kotwali, Baloda Bazar, District Baloda Bazar
  Bhatapara Chhattisgarh.                                              ---- Respondent

07.03.2022 Shri Hemant Gupta, counsel for the appellant.

Shri Amit Verma, P.L. for the State/respondent.

Heard on I.A.No.01/2021, an application for suspension of sentence and

grant of bail.

By way of impugned judgment of conviction and order of sentence dated

27.09.2021 passed in Sessions Trial No. 03/2018, the appellant has been

convicted under Sections 342, 451 and 376 of IPC and sentenced to undergo

rigorous imprisonment for one year under Section 342 of IPC, to undergo

rigorous imprisonment for one year with fine amount of Rs.500/- under Section

451 of IPC and to undergo rigorous imprisonment for 10 years with fine amount

of Rs.1000/- under Section 376 of IPC and in default of fine amount, the

appellant has to undergo additional sentence of three months and six months

respectively under Sections 451 & 376 of IPC.

Learned counsel appearing for the appellant, while inviting attention to

the statement of the prosecutrix as well as F.S.L. report, marked as Ex.P.21,

contended that the appellant has been falsely implicated in connection with the

said crime. It is contended further that the appellant was in jail from 09.11.2017

till 09.05.2018 and thereafter he was released on bail during trial as per the

order passed by this Court on 04.05.2018 in M.Cr.C.No.3295/2018 and

thereafter, after delivery of judgment on 27.09.2021 he has been taken into

custody to undergo remaining jail sentence and since the appeal is likely to take

some time for its final disposal, therefore, the appellant may be released on bail.

On the other hand, learned counsel appearing for the State, while inviting

attention to the injuries sustained by the prosecutrix, as per the report of Dr.

Neha Gangesri (P.W.10), submitted that the appellant is not entitled to be

enlarged on bail.

Having considered the aforesaid contentions of the parties, considering

further the statement of the prosecutrix as well as the F.S.L. report (Ex.P.21) and

also considering further that since the appellant was on bail during trial and he

has not misused the liberty granted to him, I am inclined to allow this application.

The application (I.A.No. 01/2021) is accordingly allowed and it is ordered

that the substantive jail sentence imposed upon the appellant shall remain

suspended during pendency of this appeal and he shall be released on bail on

his furnishing personal bond of Rs.50,000/- along with one surety for the like

sum to the satisfaction of the concerned trial Court for his appearance before

the said Court on 09.05.2022 and thereafter continue to appear on all such

further dates as are given to him in that behalf till disposal of this appeal.

Post this matter for final hearing in its due course.

Sd/-

(Sanjay S. Agrawal) Judge Anjani