Murit Ram Mehar vs State Of Chhattisgarh
2022 Latest Caselaw 1260 Chatt

                                                                                           NAFR

                     HIGH COURT OF CHHATTISGARH, BILASPUR

                                     CRR No. 147 of 2022

   • Murit Ram Mehar S/o Shri Jitendra Mehar, Aged About 35 Years, R/o Dagori Police
     Station Bilha, District Bilaspur Chhattisgarh.

                                                                                     ---- Applicant

                                             Versus

   • State Of Chhattisgarh Through Station House Officer, Police Station Bilha, District
     Bilaspur Chhattisgarh.

                                                                                 ---- Respondent

10/03/2022 Shri Rahil Arun Kochar, Counsel for the applicant.

Shri Priyanshu Gupta, P.L. for the State/Respondent. Notice issued to the complainant of the case is still awaited. Heard on admission.

Admit.

Also heard I.A. No. 01/2022, application for suspension of sentence and grant of bail.

By the impugned judgment dated 05.01.2022 passed by the 7th Additional Sessions Judge, Bilaspur, District - Bilaspur, (C.G.), in Criminal Appeal Case No.64/2019, appellant stands convicted for the offence punishable under Sections 325 of the I.P.C and sentenced to undergo R.I. for 6 months and fine of Rs.500/-, with default stipulations.

Learned Counsel appearing for the applicant submits that applicant has been wrongly convicted by the trial Court without there being any clinching evidence against him. He further submits that applicant has already undergone 4 ½ months out of total jail sentence of 6 months imposed upon him by the trial Court. During pendency of appeal, applicant was on bail and now he is in jail since 17.12.2021. Therefore, it is prayed that the sentence imposed upon the appellant may be suspended and he may be released on bail.

On the other hand, learned Counsel appearing on behalf of the State opposes the same and supports the judgment of conviction.

Heard both the parties and perused the record of the Trial Court.

Considering the facts and circumstances of the case, particularly considering the fact that applicant has already undergone 4 ½ months of jail sentence out of total 6 months of jail sentence imposed upon him, without further commenting on other merits of the case, I am of this opinion that it will be proper to release the applicant on bail during the pendency of this criminal revision.

Accordingly, I.A. No. 01/2022 is allowed.

It is directed that the substantive jail sentence imposed upon the appellant shall remain suspended during the pendency of this appeal and he shall be released on bail on his furnishing a personal bond for a sum of Rs. 25,000/- with one solvent surety in the like sum to the satisfaction of the concerned Trial Court for his appearance before the Registry of this Court on 13.06.2022. He shall thereafter appear before the Trial Court on a date given by the Registry of this Court and shall continue to appear there on all such subsequent dates as are given to him by the said Court, till disposal of this criminal revision.

List this case for final hearing 05.04.2022.

Sd/-

(Arvind Singh Chandel) Judge

Vivek