Khilanand vs State Of Chhattisgarh
2022 Latest Caselaw 1226 Chatt

                                             1


                      HIGH COURT OF CHHATTISGARH, BILASPUR
                                        Order Sheet
                                      CRR No. 198 of 2022

   Khilanand S/o Devprasad Bargah Aged About 32 Years R/o Village Sarraie Police
   Station And Tahsil- Ambikapur, District- Surguja, Chhattisgarh. ---- Applicant

                                          Versus

  State Of Chhattisgarh Through The Station House Officer-Ambikapur, District- Surguja,
   Chhattisgarh.                                                  ----Non-Applicant




09.03.2022

Shri Rakesh Pandey appears along with Shri A.N. Pandey, counsel for the

applicant.

Ms. Beenu Sharma, P.L. for the State/Non-applicant.

Heard.

Admit.

Heard on I.A. No.01/2022, an application for suspension of sentence and

grant of bail.

The applicant stands convicted under Sections 148 & 325/149 IPC and

sentenced to pay a fine of Rs.50/- under Section 148 IPC and to undergo simple

imprisonment for one year with fine of Rs.50/- under Section 325/149 I.P.C. and in

default to undergo additional SI for one month on each count, by way of judgment

of conviction and order of sentence dated 24.02.2020 passed in Criminal Appeal

No. 15/2018 by the 1st Additional Sessions Judge, Ambikapur, Dist. Surguja (C.G.)

Learned counsel appearing for the applicant submits that the applicant is

innocent and has been falsely implicated in the present case. He further submits

that the conviction and sentence awarded by the trial Court without appreciation

of evidence on record is apparently contrary to law, therefore, the applicant may

be enlarged on bail.

On the other hand, learned counsel appearing for the state has opposed

the application for grant of interim bail.

Having considered the facts and circumstances of the case and

considering the short period of sentence awarded to the applicant, I am of the

opinion that this is the fit case in which the applicant should be enlarged on bail.

Accordingly, I.A.No.01/2022 is allowed and it is directed that the

substantive jail sentence imposed upon the applicant shall remain suspended and

he shall be released on bail on his furnishing a personal bond of Rs.20,000/-

along with one surety for the like sum to the satisfaction of the trial Court for their

appearance before the said Court on 06.07.2022 and thereafter to continue to

appear on all such dates as are given to him till final disposal of the revision.

Post this matter for final hearing in its due course.

Sd/-

(Arvind Singh Chandel) Judge

Vivek