Jagannath Singh @ Netaji vs State Of Chhattisgarh
2022 Latest Caselaw 5704 Chatt

             HIGH COURT OF CHHATTISGARH, BILASPUR

                                      Order Sheet

                             CRA No. 1428 of 2022

 • Jagannath Singh @ Netaji S/o Late Jagmohan Singh Aged About 45 Years R/o
   Domridand Painari, Police Station - Khadgawa, District : Koriya (Baikunthpur),
   Chhattisgarh.

                                                                                ---- Appellant

                                           Versus

 • State of Chhattisgarh, Through: SHO, Police Station Jhagrakhand, District :
   Koriya (Baikunthpur), Chhattisgarh.

                                                                            ---- Respondent

12/09/2022 Mr. Vijay Kumar Sahu, counsel for the appellant.

Mr. Alok Nigam, G.A. for the State.

Heard on I.A. No. 01/2022, which is an application for condonation of delay in filing the appeal.

Upon due consideration, the same (I.A. No. 01/2022) is allowed. Delay is condoned.

Admit.

Issue notice to the respondent.

Learned State counsel accepts notice on behalf of respondent. Also heard on I.A. No.02/2022, which is an application for suspension of sentence and grant of bail to the appellant.

By the impugned judgment dated 31.05.2022 passed by learned 1st Additional Sessions Judge, Manendragarh, District Koriya (C.G.) in S.T. No. 104/2021, the appellant has been convicted and sentenced as under:-

                   Conviction                                  Sentences

                  U/s 307 of IPC          R.I. for 05 years and fine of Rs. 100/- in default of

payment of the fine amount additional R.I. for 01 month.

Learned counsel for the appellant submits that the appellant is innocent and is falsely implicated in the case, the appellant is in jail since 14.02.2021. He further submits that the appellant is remained in jail for about 1 year and 4 months. He also submits that the appellant is ready to abide by the terms and conditions which may be imposed by this Court while granting the bail and the disposal of this appeal will likely to take some time, therefore, he may be enlarged on bail.

On the other hand, learned State counsel opposes the bail application.

Considering the facts and circumstances of the case, the application is allowed and it is directed that the substantive jail sentence imposed upon the appellant shall remain suspended and he shall be released on bail on his executing a personal bond for a sum of Rs. 25,000/- with one surety for the like sum to the satisfaction of the trial Court for his appearance before the Registry of this Court on 20th October 2022. He shall thereafter appear before the concerned trial Court on a date to be given by the Registry of this Court and thereafter, continue to appear before the trial Court 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.

In the meanwhile, call for the record of the Court below.

Certified copy as per rules.

Sd/-

(Rajani Dubey) Judge

H.L. Sahu