Pawan Prajapati vs State Of Chhattisgarh
2022 Latest Caselaw 3223 Chatt

                     HIGH COURT OF CHHATTISGARH, BILASPUR

                                           Order Sheet

                                         CRA No. 1 of 2022
  Pawan Prajapati S/o Pratap Singh Prajapati Aged About 38 Years Resident Of Village Purana ,
  Hatwarapara, Belargaon, District Dhamtari Chhattisgarh., District : Dhamtari, Chhattisgarh
                                                                                    ---- Appellant
                                                 Versus
  State Of Chhattisgarh Through The Station House Officer, Police Station Sihawa, District
  Dhamtari Chhattisgarh.
                                                                                 ---- Respondent

04/05/2022 Shri D.N. Prajapati, counsel for the appellant.

Shri Shreshtha Gupta, P.L. for the State.

Heard on I.A. No.1 of 2022, application under Section 389 of Cr.P.C. for

suspension of sentence and grant of bail to the appellant.

By the impugned judgment dated 22/12/2021 passed by the Additional

Sessions Judge, Dhamtari, District Dhamtari (C.G.) in Sessions Case No.36/2021, the

appellant stands convicted and sentenced as under :-

                   Conviction                                    Sentences

                   Under Section 306 of I.P.C.                   R.I. for 5 years and fine of
                                                                 Rs.500/-, in default of payment
                                                                 of fine amount additional R.I. for
                                                                 6 months

                   Under Section 498-A of I.P.C.                 R.I. for one year and fine of
                                                                 Rs.500/-, in default of payment
                                                                 of fine amount additional R.I. for
                                                                 one month

Considering the facts and circumstances of the case, deposition of PW-8

Sudarshan Kumbhakar, brother of the deceased and other witnesses PW-1 Chandni

Prajapati & PW-2 Ku. Umeshwari Prajapati, the maximum sentence imposed upon the

appellant is five years, the detention period of the appellant is about more than one

year, appellant who is 38 years old and disposal of this appeal is likely to take some

time, without further commenting on merit, I am of the opinion that present is a fit case

to suspend the jail sentence imposed upon the appellant and to release him on bail.

Accordingly, the application (I.A. No.1 of 2022) 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 the sum of Rs.1,00,000/- with two

sureties of Rs.50,000/- each to the satisfaction of the trial Court.

He shall appear before the Registry of this Court on 22nd August, 2022 and

thereafter shall 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 disposal of this appeal.

List this appeal for final hearing in due course.

Sd/-

(Gautam Chourdiya) JUDGE

Kamde