Shiva Bharti vs State Of Chhattisgarh
2022 Latest Caselaw 1280 Chatt

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                     HIGH COURT OF CHHATTISGARH, BILASPUR
                                        Order Sheet
                                     CRA No. 369 of 2022

   Shiva Bharti S/o Gautram Bharti Aged About 19 Years R/o Satnami Para, Kota, Saraswati
   Nagar, Raipur, Police Station Saraswati Nagar, District- Raipur, Chhattisgarh.

                                                                                  ---- Appellant

                                           Versus

   State Of Chhattisgarh Through Station House Officer, Police Station Saraswati Nagar,
   Raipur, District- Raipur, Chhattisgarh.                              -----Respondent

11.03.2022 Shri B.L. Sahu, counsel for the Appellant.

Shri C.B. Kesharwani, P.L. for the State/Respondent.

Heard on I.A. No.01/2022, an application filed under Section 389 of

Cr.P.C. for suspension of sentence and grant of bail.

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

23.12.2021 passed in Sessions Trial No.194/2021 by the 3 rd Additional Sessions

Judge, Raipur, the appellant has been convicted and sentenced as under:-

                             Conviction                              Sentence

                 U/s 363 of I.P.C.                     R.I. for 3 year and fine of Rs.100/-. In
                                                       default, R.I. for 15 days

                 U/s 366 of I.P.C.                     R.I. for 3 year and fine of Rs.100/-. In
                                                       default, R.I. for 15 days

Counsel for the Appellant submits that the appellant is an innocent and

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

appellant has been convicted and sentenced without there being any clinching

evidence against him. His next contention is that during the course of trial he was

granted bail and the liberty granted to him has never been misused by him. On

these premises, learned for the Appellant prayed for grant of bail.

On the other hand, counsel for the State opposes the prayer for grant of

bail.

I have heard learned counsel for the parties and perused the record.

Considering the facts and circumstances of the case and considering

further that the appellant was on bail during the course of trial and the liberty

granted to him has never been misused and that the appeal is likely to take some

time for its final disposal, I am inclined to allow this application.

The application is accordingly allowed and it is ordered that the

substantive jail sentence imposed upon both the appellant shall remain

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

furnishing a personal bond of Rs.25,000/- along with one surety for the like sum

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

Court on 18.07.2022 and thereafter, he shall continue to appear on all such

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

Post this matter for final hearing in its due course.

Sd/-

(Arvind Singh Chandel) Judge

Tumane