Teekam Jurri vs State Of Chhattisgarh
2022 Latest Caselaw 1544 Chatt

         HIGH COURT OF CHHATTISGARH, BILASPUR
                              CRA No. 1154 of 2017

     Teekam Jurri S/o Ghanaram Jurri, Aged About 24 Years R/o Haradula,
      Outpost Halba, Police Station Narharpur, District North Bastar, Kanker,
      Chhattisgarh
                                                                          ---- Appellant
                                    Versus

     State Of Chhattisgarh Through Police Station Narharpur, Outpost Halba,
      District North Bastar Kanker, Chhattisgarh
                                                                      ---- Respondent

24/03/2022 Shri Manoj Chouhan, Advocate appears on behalf of Shri Rahul Jha, counsel for the Appellant.

Shri Ayaz Naved, G.A. for the State/Respondent. Heard on I.A.No.1/2020, which is the second application for suspension of sentence and grant of bail to the Appellant.

By the impugned judgment of conviction and order of sentence dated 20.6.2017 passed by the Additional Sessions Judge(FTC) and Special Judge, North Bastar, Kanker(CG) in Sessions Trial No. 17/2015, the Accused/Appellant stands convicted under Sections 450, 376(2(>), 376(2(<) of the IPC and sentenced to undergo R.I. for 5 years and fine of Rs.250/-; R.I. for 10 years and fine of Rs.500/-; and R.I. for 10 years and fine of Rs.500/- with default stipulations.

The first bail application of the Appellant was dismissed as withdrawn vide order dated 02.01.2018 with liberty to revive the same after 2 years.

Learned counsel for the Appellant submits that the Appellant is in jail since 25.3.2015 and maximum sentence is of 10 years and he has suffered incarceration of 7 years i.e. more than half of the sentence, therefore, considering the period already undergone, the Appellant may be released on bail.

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

Considering the fact the appeal pertains to the year 2017, which may take some time for its final hearing and also taking in to consideration the custody period i.e. 7 years out of the 10 years, we are inclined to allow the application.

Accordingly, the application I.A.No.1/2020 is allowed. It is directed that the execution of 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 in sum of Rs.25,000/- with one surety in like sum to the satisfaction of the concerned trial Court for his appearance before the Registry of this Court on 9th May, 2022. He shall thereafter appear before the trial court on a date to be given by the Registry and shall continue to appear there on all such dates as are given to him by the said Court, till the final disposal of this appeal.

                        Sd/-                                   Sd/-
                (Goutam Bhaduri)                   (Sanjay S. Agrawal))
                     JUDGE                               JUDGE




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