Omprakash Verma vs State Of Chhattisgarh
2022 Latest Caselaw 1448 Chatt

           HIGH COURT OF CHHATTISGARH, BILASPUR
                                 Order Sheet
                              CRA No. 1453 of 2021
• Omprakash Verma S/o Shri Santu Verma, Aged About 23 Years R/o Gram - Bahera
  (Ghivri) Police Station - Bemetara District Bemetara Chhattisgarh, District :
  Bemetara, Chhattisgarh                                        --- Appellant.
                                     Versus
• State Of Chhattisgarh Through District Magistrate, Bemetara District Bemetara
  Chhattisgarh, District : Bemetara, Chhattisgarh              --- Respondent.

21.03.2022 Mr. Awadh Tripathi, Learned counsel for the appellant.

Mr. Alok Nigam, GA for the respondent/State. Heard on IA No.1 - application for suspension of sentence and grant of bail.

1. The accused/appellant has been convicted vide judgment of

conviction and order of sentence dated 12.11.2021 passed by First

Additional Sessions Judge (FTC), Bemetara in Sessions Case

No.36/2020, whereby and where-under the appellant has been held

guilty for the offence as under:-

Conviction Sentence (All sentence to run concurrently) U/s 376 IPC RI for 10 years with fine of Rs.1000/-, plus default stipulation.

U/s 450 IPC RI for 5 years with fine of Rs.500/-, plus default stipulation.

U/s 506 Part 2 IPC RI for 1 year with fine of Rs.500/-, plus default stipulation.

2. Learned counsel for the accused/appellant submits that

appellant was on bail during trial. He relying on the contents on the

application for suspension of sentence and grant of bail and submits

that the prima facie the applicant is having a good case. The appellant is ready to abide by all terms and conditions imposed on

him if this Court may suspend his jail sentence. He submits that the

appeal is likely to take considerable time in its final disposal

therefore, he may be enlarged on bail.

3. State counsel on the other hand opposes the bail application.

4. Taking into consideration the submission of learned counsel

for the parties, also perused the statement of the prosecution

witnesses and considering the contents of the application of

suspension of sentence, without further commenting anything on

merits, I am inclined to suspend the jail sentence of the appellant

and grant bail.

5. It is directed that the substantive jail sentence imposed upon

the appellant shall remain suspended during the pendency of the

appeal and he shall be released on bail on his furnishing a personal

bond of Rs.10,000/- with one surety for the like sum to the

satisfaction of the concerned Court, for his appearance before the

concerned trial Court on 30th of March, 2022 and on all such further

dates as may be directed by the said Court, interval being not less

than 6 months, till final disposal of this appeal.

6. Accordingly, IA for suspension of sentence and grant of bail is

allowed. List this case for final hearing in the week commencing 18th

April, 2022.

Sd/-

(Deepak Kumar Tiwari) Judge

Ajay