Chattisgarh High Court
Rohit Kumar Sahu vs State Of Chhattisgarh on 18 October, 2022
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
Cr.A. No. 444 of 2022
Rohit Kumar Sahu S/o Tulsiram Sahu Aged About 28 Years R/o Camp-1, Nehru
Chowk, Ward No. 19, Nearby Hanuman Mandir, Police Station Chhawani, District
Durg, Chhattisgarh., District : Durg (C.G.)
---- Appellant
Versus
State Of Chhattisgarh Through Station House Officer, Police Station Utai, District
Durg, Chhattisgarh., District : Durg (C.G.)
---Respondent
18.10.2022 Shri Sanjay K. Agrawal, counsel for the appellant.
Shri R.M. Solapurkar, Govt. Advocate for the State/respondent.
Heard on I.A. No. 01/2021, an application for suspension of
sentence and grant of bail to the appellant.
By the impugned judgment dated 28/02/2020 passed by the
learned VI Additional District & Sessions Judge, Durg, District- Durg
(C.G.) in Session Trial No. 13/2019, the appellant stands convicted, as
under:-
Conviction Sentence
U/s 397 of IPC : R.I. for 7 years and fine of Rs. 500/- in
default of payment of fine 06 months
additional imprisonment.
U/s 25(1-B) of Arms : R.I. for 1 year and fine of Rs. 500/- in
default of payment of fine additional
Act, 1959
further imprisonment for 01 month.
(both sentences directed to run
concurently)
Learned counsel for the appellant would submit that the appellant
has been wrongly convicted in the present case. He further submits that
the appellant has been sentenced to undergo R.I. for 07 years and he
has already undergone at about 4 years, other co-accused person has
been already granted bail vide order dated 05.08.2020 passed in
Cr.A.No. 591/2020 and vide order dated 01.06.2020 passed in Cr.A. No.
512/2020 by this court. therefore, the appellant may be released on bail.
Per contra, learned State counsel supported the impugned order.
I have heard counsel for the parties.
Considering the fact and circumstances of the case, particularly
considering the short sentence awarded to the appellant, he has already
undergone half of the sentence and also considering the fact that the
appeal being of the year 2020, final hearing of the same will likely to
take time, I am inclined to suspend the sentence of the appellant and
release him on bail.
I.A. No.01/2022 is allowed.
Accordingly, application for suspension of sentence and grant of
bail is allowed and it is directed that execution of further substantive jail
sentence of the appellant shall remain suspended and he 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 trial Court for his
appearance before the Registry of this Court on 15th December, 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 the disposal
of this appeal.
Sd/--
(Narendra Kumar Vyas)
Judge
Ashish
