Jagrup Singh @ Rubi vs State Of Chhattisgarh
2022 Latest Caselaw 5953 Chatt

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                    HIGH COURT OF CHHATTISGARH, BILASPUR

                                        Order Sheet

                                     CRA No. 3 of 2021

      Jagrup Singh @ Rubi S/o late Charan Singh, aged about 42 years, Occupation
       Driver, R/o Kchhar, Ludeg, P.S. Pathalgaon, District Jashpur, C.G.      Appellant

                                            Versus

      State Of Chhattisgarh, Through : Station House Offiicer, Police Station
       Pathalgaon, District Jashpur, C.G.                                   Respondent

Single Bench:-

Hon'ble Shri Justice Sanjay K. Agrawal

22.09.2022 Mr. C.R. Sahu, counsel for the appellant.

Mr. Kapil Maini, PL for the State / respondent.

Heard on I.A. No. 1/2021, application for suspension of sentence

and grant of bail.

By the impugned judgment and order of sentence dated 25.11.2020

passed by the Additional Sessions Judge, Pathalgaon, District Jashpur,

C.G. in Sessions Trial No. 24/2019, the appellant has been convicted as

under :-

Conviction Sentence

Under Section 307 of IPC R.I. for 7 years and fine of Rs.2000/-, in default of fine additional R.I. for six months

Mr. C.R. Sahu, learned counsel for the appellant, submits that the

appellant has falsely been implicated in crime in question and he has been

convicted by recording a finding which is perverse to the record. Learned

counsel for the appellant also submits maximum sentence awarded to the

appellant is 7 years and appellant is in custody since 28.05.2019

(appellant has completed more than three years jail sentence out of 7

years). Learned counsel for the appellant further submits that final disposal

of the the appeal is likely to take time and, therefore, application may be

allowed and appellant may be released on bail.

Per contra, Mr. Kapil Maini, learned State counsel, opposes the

prayer made by learned counsel for the appellant.

I have heard learned counsel for the parties, considered their rival

submissions and also perused the record with utmost circumspection.

Taking into consideration the facts and circumstances of the case,

nature and gravity of offence and considering the fact that the maximum

sentence awarded to the appellant is 7 years and he is in custody since

28.05.2019 (appellant has completed more than three years jail sentence

out of 7 years), further considering that final disposal of the case is likely to

take time and further considering the other evidence available on record I

am inclined to grant bail to the present appellant - Jagrup Singh @ Rubi.

Accordingly, I.A. No.1/2021 is allowed.

The substantive jail sentence awarded to the appellant - Jagrup

Singh @ Rubi is suspended during the pendency of this appeal and he is

directed be released on bail on his furnishing a personal bond in the sum

of Rs.25,000/- along with one surety in the like sum to the satisfaction of

the concerned trial Court for his appearance before the Registry of this

Court on 15 th of November, 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.

Certified copy as per rules.

Sd/-

(Sanjay K. Agrawal) Judge

Ankit