Sulan @ Sulam Sai vs State Of Chhattisgarh
2023 Latest Caselaw 132 Chatt

           HIGH COURT OF CHHATTISGARH, BILASPUR
                               Order Sheet
                          CRA No. 757 of 2017
   Sulan @ Sulam Sai S/o Late Kondaram Lohar, Aged About 30 Years
    R/o Nawapara, Police Station Sitapur, District Sarguja, Chhattisgarh
                                                               ---- Appellant
                                 Versus
   State Of Chhattisgarh Through Station House Officer, Police Station
    Sitapur, District Sarguja, Chhattisgarh
                                                          ---- Respondent

06/01/2023 Shri Vikas Kumar Pandey, Counsel for the appellant.

Shri Ashutosh Mishra, PL for the State.

Heard on I.A. No.1/2022, which is an application for suspension of sentence and grant of bail.

The appellant stands convicted by the judgment dated

14.02.2017 passed by the Fourth Additional Sessions Judge

Ambikapur, District Surguja C.G. in Sessions Trial No.90/2016

for the offence punishable under Section 304 (I) of the I.P.C.

and sentenced to undergo R.I. for 10 years and to pay a fine of

Rs.500/-, with usual default stipulation.

Learned Counsel for the appellant submits that the

appellant is in jail since 23.05.2016 and the maximum sentence

awarded to the appellant is R.I. for 10 years, thereby in total he

has completed more than half of the jail sentence and hearing

of the appeal may take some time as the appeal is of the year

2017, therefore the substantive jail sentence imposed upon the

appellant may be suspended and he may be released on bail.

Learned State Counsel do not dispute the fact that more than half of the jail sentence the appellant has already suffered

in jail.

Considering the fact that the appellant is in jail since

23.05.2016 and the maximum sentence awarded to the

appellant is R.I. for 10 years, thereby he has completed more

than half of the jail sentence and hearing of the appeal will take

some time, therefore I am inclined to release the appellant on

bail.

Accordingly, I.A. No.1/2022 application for suspension

of sentence and grant of bail is allowed.

Execution of further substantive jail sentence imposed

on the appellant shall remain suspended during the pendency

of this appeal and he is directed to be released on bail on his

executing personal bond for a sum 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 10/03/2023.

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 subsequent dates as are given to him by the

said Court, till the disposal of this appeal.

SD/-

                                 (Goutam Bhaduri)
ASHU                                  Judge