Maan Singh vs State Of Chhattisgarh
2022 Latest Caselaw 6111 Chatt

                                               1

                      HIGH COURT OF CHHATTISGARH, BILASPUR
                                        Order Sheet,
                                  CRA No. 1406 of 2021
   Maan Singh S/o Late Bihari Singh Aged About 19 Years Caste- Rautiya, R/o Aunrijor
   (Sukbasupara), Police Station Farsabahar, District Jashpur, Chhattisgarh.
                                                                             ---- Appellant
                                       Versus

  State Of Chhattisgarh Through The Station House Officer, Police Station Farsabahar,
   District Jashpur, Chhattisgarh.                                    ---- Respondent

29.09.2022 Shri Sanjeev Kumar Sahu, counsel for the appellant.

Shri Praveen Shrivastava, P.L. for the State/respondent.

Heard on I.A.No. 01/2021, an application filed under Section 389 of the

Code of the Criminal Procedure, 1973 seeking suspension of sentence and

grant of bail.

By virtue of impugned judgment of conviction and order of sentence dated

29.09.2021 passed by the learned 1 st Additional Sessions Judge, Kunkuri,

Disritct Jashpur (C.G.) in Sessions Trial No.44/2019, the appellant stands

convicted and sentenced in the following manner :-

                          Conviction                               Sentence
               Under Section 304 Part-II IPC        R.I. for five years and fine of Rs.1000/-
                                                    and in default of payment of fine, further
                                                    S.I. for one year.

Learned counsel appearing for the appellant submits that a short term jail

sentence has been awarded to the appellant and contended further that he is in

jail since 23.09.2019 and has thus served more than three years out of five

years maximum jail sentence awarded to him, and therefore, if the remaining jail

sentence is allowed to run during the pendency of this appeal, the very purpose

of filing this appeal would become infructuous as the appeal is likely to take

some time for its disposal and, therefore, he may be released on bail during the

pendency of this appeal.

On the other hand, learned counsel appearing for the respondent/State

has opposed the bail application.

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

entire record carefully.

Having considered the facts and circumstances of the case, considering

further that a short term jail sentence has been awarded to the appellant and he

has served more than three years out of maximum jail sentence awarded to him,

I am, therefore, inclined to allow this application.

Accordingly, I.A.No.01/2021 is allowed and it is directed that the

substantive jail sentence imposed upon the appellant shall remain suspended

during pendency of this appeal and he shall be released on bail on his furnishing

a personal bond in 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 said

Court on 22.11.2022. He shall continue to appear on all such subsequent dates

as are given to him by the said Court, till disposal of this appeal.

In view of above, I.A.No.01/2021 stands disposed of.

List the matter for final hearing in its due course.

Certified copy as per rules.

Sd/-

(Sanjay S. Agrawal) Judge Anjani