Mohan Markam Alias Raighadiya vs State Of Chhattisgarh
2022 Latest Caselaw 3300 Chatt

                      HIGH COURT OF CHHATTISGARH, BILASPUR

                                        Order Sheet
                                 CRA No. 1074 of 2019
        Mohan Markam Alias Raighadiya S/o Bisuram Markam Aged About 42
         Years R/o Kaslor, P.S. Mechaka District- Dhamtari, Chhattisgarh., District :
         Dhamtari, Chhattisgarh
                                                                         ---- Appellant
                                          Versus
        State of Chhattisgarh Through Incharge Police Station Mechka District-
         Dhamtari, Chhattisgarh
                                                                    ---- Respondent

06.05.2022 Ms. Usha Chandrakar, counsel for the Appellant.

Ms. Binu Sharma, P.L. for the State/Respondent.

Heard on I.A. No. 03/2022, application for release of the appellant on personal bond.

By the impugned judgment dated 07.06.2019 in S.T. No. 60/2018, passed by the Additional Sessions Judge, Dhamtari (C.G.) the appellant stands convicted and sentenced as under:-

                          Conviction                             Sentence
             Offence U/s 452 of IPC.        R.I for 3 years and fine of Rs. 100/-
                                            in-default of payment of Fine 1 month
                                            S.I.
             Offence U/s 436 of IPC.        R.I. for 5 years and fine of Rs. 100/-
                                            in-default of payment of fine 3
                                            months S.I.
             Offence U/s 25 Arms Act.       R.I for 3 years and fine of Rs. 100/-
                                            in-default of payment of fine one
                                            month S.I.

(All the sentences are to run concurrently) Considering the facts and circumstances of the case, in particular the fact that though the appellant was earlier granted bail by the co- ordinate bench of this Court on 01.08.2019 but due to non-furnishing of the requisite bail bond, he is still in jail since 29.09.2018, the disposal of the appeal is likely to take some time, without expressing anything on merits of the case, 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. 03/2022) 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. 25,000/- to the satisfaction of the trial Court. He shall appear before the Registry of this Court on 14.07.2022 and thereafter appear before the trial Court on a date to be given by the Registry and thereafter continue to appear before the trial Court on all such dates as are given to him by the said Court till disposal of this appeal.

List this case for final hearing in due course.

Sd/-

(Gautam Chourdiya) Judge

vaishali