Ashok Markam vs State Of Chhattisgarh
2022 Latest Caselaw 1529 Chatt

                      HIGH COURT OF CHHATTISGARH, BILASPUR

                                      Order Sheet

                          Criminal Appeal No. 319 of 2020

                      Ashok Markam Versus State of Chhattisgarh




24/03/2022           Shri Sanjiv Kumar Sahu counsel for the appellant.

                     Shri B.P. Banjare Dy. GA for the respondent.

Heard on IA No. 01/2020 for suspension of sentence and grant of bail.

The appellant has been convicted U/s 304-II IPC and sentenced to undergo RI for 7 years and pay fine of Rs. 1000/-, plus default stipulation, vide judgment dated 18.2.2020 passed by Sessions Judge, Dhamtari in ST No. 51/2018.

Counsel for the appellant submits that the judgment impugned convicting and sentencing the accused/appellant being perverse, he is quite hopeful of his success in this appeal. He submits that as the accused/appellant has already completed almost half of the sentence imposed on him and that the final disposal of this appeal is likely to take some more time, the sentence imposed on him may be suspended and he may be released on bail.

On the other hand, counsel appearing for the State opposes the application for suspension of sentence and grant of bail. He however does not dispute the fact that the appellant has already completed half of the sentence imposed on him.

After hearing counsel for the parties and going through the record and also considering the fact that the appellant has already remained behind the bars for about half of the jail term, this Court is of the opinion that it would be in the interest of justice to suspend the sentence imposed on him and release him on bail. Accordingly, the application is allowed, substantive sentence imposed on the appellant is directed to remain suspended and he is directed to be released on bail on his furnishing a bond in the sum of Rs. 10,000/- with one surety for the like sum to the satisfaction of the trial Court. He shall first mark their presence before the Registry of this Court on 26.4.2022 and then before the Trial Court as and when directed, till the final disposal of the appeal.

Sd/-

(Deepak Kumar Tiwari)

Judge

Jyotishi