Than Singh Dhru vs State Of Chhattisgarh
2023 Latest Caselaw 1049 Chatt

                             HIGH COURT OF CHHATTISGARH, BILASPUR

                                           CRA No. 158 of 2020

             1. Than Singh Dhru, age-49 years, S/o Shri Thakur Ram Dhru,

             2. Lalit Dhru, Age-28 years, S/o Shri Than Singh Dhru,

                Both the above are R/o-Village-Gourikheda, Both by Profession-Farmer, Caste-
                Gond, P.S.-Mahasamund, Tahsil-and, Distt.-Mahasamund, Chhattisgarh.

                                                                                     ---- Appellants

                                                      Versus

             1. State of Chhattisgarh Through             Police   Station   Mahasamund,    District-
                Mahasamund, Chhattisgarh

                                                                                    ---- Respondent

17/02/2023 Mr. J.A. Lohani, Advocate for the appellant.

Mr. Anurag Verma, Panel Lawyer for the State.

Heard on IA No.4 of 2022, repeat application for suspension of sentence and grant of bail to appellant No.2-Lalit Dhru.

Earlier application filed was dismissed as withdrawn by this Court vide order dated 3.8.2021.

By the impugned judgment dated 14.01.2020 passed by the Learned Additional Sessions Judge(FTC), Mahasamund, District-Mahasamund(C.G.) in Session Trial No.- 21/2019, Appellant No.2 stands convicted as under:-

Conviction Sentence

U/s 307 of IPC. : R.I. for 5-5 years & fine amount of Rs.2000/-2000/-

and in default of payment of fine further 3 months additional rigorous imprisonment.

U/s 323/34 of IPC. : R.I. for 1-1 years & fine amount of Rs.1000/-1000/-

and in default of payment of fine further 3 months additional rigorous imprisonment.

Learned counsel for the appellant submits that though main allegation regarding assault on victim is against this appellant but he has been in jail for last about four years, whereas maximum sentence awarded by the trial Court is of five years. There is no likelihood of this appeal to come up for final hearing in near future. Co-accused has already been granted bail by this Court vide order dated 3.8.2021. Hence, the sentence imposed on this appellant may also be suspended and he be released on bail during pendency of this appeal.

On the other hand, learned counsel for the State has opposed bail application and submitted that prosecution has proved its case beyond reasonable doubt, therefore, appellant No.2 is not entitled to be released on bail and application is liable to be rejected.

I have heard learned counsel for the parties and perused the record of the trial Court.

Taking into consideration the evidence available on record, period of sentence already undergone by appellant No.2, submission of learned counsel for appellants that appellant No.1 has already been released on bail and that there is no likelihood of this appeal to come up for final hearing in near future, I am inclined to suspend sentence imposed on appellant No.2 Lalit Dhru and release him on bail during the pendency of this appeal.

Accordingly, the bail application is allowed. Execution of substantive jail sentences imposed upon appellant No.2 Lalit Dhru shall remain suspended during pendency of this appeal and he shall be released on bail on his executing a personal bond for the 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 08/05/2023. 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 other subsequent dates as are given to him by the said Court, till disposal of this appeal.

List this case for final hearing in due course before the Bench having roster.

Sd/-

(Arvind Singh Chandel) Judge

Nisha