Ratanlal @ Sheru Chauhan vs State Of Chhattisgarh
2022 Latest Caselaw 3566 Chatt

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                                                                               NAFR
               HIGH COURT OF CHHATTISGARH, BILASPUR

                                CRA No. 805 of 2022

1.   Ratanlal @ Sheru Chauhan S/o Jageshwar Chauhan, Aged About 29 Years,
     R/o Kokaditarai, P.S. Kotra Road, District Raigarh (C.G.).
                                                                        ----Appellant
                                                                              (in Jail)
                                        Versus
2.   State Of Chhattisgarh, Through The Station House Officer, Police Station
     Kotra Road Raigarh, District Raigarh (C.G.).
                                                           ---- Respondent

12/05/2022 Mr. Ashish Gupta, Counsel for the appellant.

Mr. Raghvendra Verma, G.A. for the State/respondent.

Heard on admission.

The appeal is admitted for hearing.

Call for the record of the Court below.

Heard on I.A. No. 01/2022, application for suspension of sentence and grant of bail to the appellant.

By the impugned judgment dated 23/04/2022 passed by Vth Additional Sessions Judge, Raigarh, District Raigarh (CG.) in Sessions Case No. 74/2021, the appellant stands convicted and sentenced as under:

Conviction Sentence Under Sections 354 of R.I. for 2 years and fine of Rs. 1,000/-, in Indian Penal Code. default of payment of fine additional R.I.

for 3 months.

Under Section 324 of R.I. for 2 years and fine of Rs. 1,000/-, in Indian Penal Code. default of payment of fine additional R.I.

for 3 months.

(Both the sentences were directed to run concurrently)

Considering the facts and circumstances of the case, the fact that maximum jail sentence awarded to the appellant is 02 years, the applicant is in jail since 13/07/2021 till now i.e. about 10 months, 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. 01/2022) 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 for his appearance before the Registry of this Court 29th July, 2022. He shall thereafter appear before the Trial Court on a date to be given by the Registry of this Court and shall continue to appear there on all such subsequent dates as are given to him by the said Court, till disposal of this appeal.

List this case for final hearing in its due course.

-Sd/-

(Gautam Chourdiya) Judge

Chandrakant