Chandrashekhar @ Bhojram Sahu vs State Of Chhattisgarh
2022 Latest Caselaw 6417 Chatt

                                                 1

                       HIGH COURT OF CHHATTISGARH, BILASPUR

                                           Order Sheet

                                         CRA No. 104 of 2020

  • Chandrashekhar @ Bhojram Sahu S/o Tukeshwar Ram Sahu Aged About 18 Years R/o
     Donar, Police Station Arjuni, District : Dhamtari, Chhattisgarh.              ---- Appellant

                                               Versus

  • State Of Chhattisgarh Through Station House Officer, Police Station Chowki Kareli Badi,
     Police Station Magarlod, District Dhamtari, Chhattisgarh.              ---- Respondent

20/10/2022 Mr. Ashish Shukla, counsel for the appellant.

Mr. Rahul Jha, G.A. for the State.

Heard on repeat application (I.A. No.2) for suspension of sentence and

grant of bail to the appellant.

First application for suspension of sentence and grant of bail was

dismissed on merits vide order dated 02.09.2021. However, liberty was

granted to the appellant to revive the same after one year.

By the impugned judgment dated 06.12.2019 passed by learned

Additional Sessions Judge, District- Dhamtari, C.G. in Sessions trial

No.36/2019, the appellant stands convicted as under:-

Conviction Sentence

Under Section 394 of IPC R.I. for 7 years and fine amount of Rs.1000/-, in default of payment of fine amount, further 6 months R.I.

Under Section 397 of IPC R.I. for 7 years and fine amount of Rs.1000/-, in default of payment of

fine amount, further 6 months R.I.

Learned counsel for the appellant submits that as the appellant has

already completed more than 3 years and 4 months of jail sentence and only

Rs.500/- has been recovered from the appellant as alleged looted amount,

therefore, looking to the detention period of the appellant, the jail sentence of

the appellant may be suspended and he may be granted bail.

On the other hand, learned State counsel opposes the application for

suspension of sentence and grant of bail.

I have heard learned counsel for the parties and perused the material

available on record. Considering the detention period of the appellant, I am

inclined to allow the application for suspension of sentence and grant of bail.

Accordingly, the application for suspension of sentence and grant of bail

is allowed. It is directed that the substantive jail sentence awarded to the

appellant is suspended and he shall be released on bail on his furnishing a

personal bond of Rs.50,000/- along with one solvent surety of the like amount

to the satisfaction of the trial Court, for his appearance before the Registry of

this Court on 14.12.2022. 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 further dates as may be directed by the said Court, interval

being not less than 6 months, during the pendency of this appeal.

Certified copy as per rules.

Sd/-

(Arvind Singh Chandel) Judge Ravi