Sanudaan @ Nahsun Daan vs State Of Chhattisgarh
2022 Latest Caselaw 7187 Chatt

                       HIGH COURT OF CHHATTISGARH, BILASPUR
                                  Order Sheet
                                   CRA No. 1767 of 2022
  Sanudaan @ Nahsun Daan S/o Nimrod Daan Aged About 19 Years (As Per Cause
   Title) R/o Shantinagar, Ahead Of Vijay Vishwakarmas House, Jagadalpur, Police
   Station- Bodhghat, District : Bastar(Jagdalpur), Chhattisgarh
                                                                            ---- Appellant
                                          Versus
  State of Chhattisgarh Through Police Station Bodhghat, District : Bastar(Jagdalpur),
   Chhattisgarh
                                                                          ---- Respondent

7-

30-11-2022 Mr. Syed Majid Ali, counsel for the appellant.

Mr. B.L. Sahu, PL for the State.

Heard on I.A.No.1 of 2022 which is an application for suspension of sentence and grant of bail.

The appellant stands convicted by the Judgment of conviction and order of sentence dated 29-9-2022 passed by the learned First Additional Sessions Judge, Jagdalpur, District Bastar in Sessions Trial No 66 of 2018 as under.

                  S.No Conviction                         Sentence
                  1.    Under Section 307 of IPC          RI for seven years and fne of
                                                          Rs.2000/-in default of payment
                                                          of fne additional RI for three
                                                          months.
                  2.    Under Section 393 of IPC          RI for three years and fne of
                                                          Rs.1000/-in default of payment
                                                          of fne additional RI for one
                                                          month.
                  3.    Under Section     25   of   the RI for one year and fne of
                        Arms Act.                       Rs.300/-in default of payment
                                                        of fne additional RI for ten
                                                        days.
                  4.    Under Section     27   of   the RI for three months and fne of
                        Arms Act.                       Rs.500/-in default of payment
                                                        of fne additional RI for one
                                                        month.
                                      All the sentences are directed
                                     to run concurrently.


      Learned counsel for the appellant would submit that          the

appellant is in jail during trial from 3-6-2018 and he was convicted by judgment dated 29-9-2022 and on the date of conviction he has completed four years and three months and 26 days of jail sentence, and after conviction also appellant is jail from 29-9-2022 till date whereby he has completed four years, five months and 27 days which is more than 50% of awarded sentence of seven years. He would further submit that the appeal is of 2022 and hearing of appeal on merits will take some time, therefore, the appellant may be released on bail.

On the other hand, learned State counsel opposing the bail application would submit that the appellant is a habitual offender and caused grievous hurt to the victim, therefore, no lenient view should be considered against him and would pray for rejection of the application for suspension of sentence and grant of bail to the appellant.

I have heard learned counsel for the parties and perused the record.

Considering the fact that the appellant has already undergone four years, five months and 27 days of jail sentence which is ore than 50% of the awarded sentence of seven years and further considering the fact that this appeal is of 2002, hearing of appeal will take some time, without going into merits of the case, I am inclined to allow the application for suspension of sentence and grant of bail.

Accordingly, I.A.No. 1 of 2022 is allowed and it is directed that the execution of further substantive jail sentence shall remain suspended and the appellant shall be released on bail on his executing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the trial Court for his appearance before the Registry of this Court on 9-1-2023. 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 the disposal of this appeal.

List this case for fnal hearing in its due course. Cc as per rules.

Sd/-

(Narendra Kumar Vyas) Judge

Raju