Omprakash Nand vs State Of Chhattisgarh
2023 Latest Caselaw 277 Chatt

                   HIGH COURT OF CHHATTISGARH, BILASPUR
                                         Order Sheet
                                   CRA No. 1839 of 2018

      Omprakash Nand S/o Babulal Nand Aged About 25 Years Caste Gandha, R/o
       Binghankhol, Khairkhuta, P. S. Sankra, District Mahasamund Chhattisgarh
                                                                          ---- Appellant
                                           Versus

      State Of Chhattisgarh Through The Police Station Sankra, District Mahasamund
       Chhattisgarh.                                    ---- Respondent

13.1.2023 Mr. S.S. Baghel, counsel appearing on behalf of Mr. Varunendra Mishra,

counsel for the appellant.

Mr. Devesh Verma, G.A. for the State / Respondent.

Heard on I.A. No.2/2022, application under Section 389 of the Cr.P.C. for

suspension of sentence and grant of bail.

By impugned judgment dated 02.11.2018 passed by Sessions Judge,

Mahasamund, District Mahasamund in Sessions Case No.17/2018, appellant

has been convicted and sentenced in following manner :-

            Conviction                                 Sentence
            U/s 307 of the Indian Penal Code           R.I. for 07 years and fine of Rs.500/-
                                                       and in default of payment of fine,
                                                       additional R.I. for 1 month.

Learned counsel for the appellant would submit that this is second

application for suspension of sentence and grant of bail of appellant. The first application was dismissed on 02.4.2019 extending liberty to file application for

grant of bail after passing of two years. He would further submit that injuries

sustained by the victim were not deadly, without being support of any

independent witness, the appellant has been convicted. He would again submit

that appellant is in jail since 12.1.2018, thus, he has completed 5 years of his jail

sentence which is more than ½ of his awarded jail sentence and the appeal is

not likely to be heard finally in near future, hence, it is prayed that remaining jail

sentence of the appellant may be suspended and he may be enlarged on bail.

Per contra, learned State counsel opposes the prayer and submission

made by learned counsel for the appellant. He would submit that causing injury

by the appellant has been proved by injured himself which is well supported by

medical evidence, hence, there is sufficient evidence to convict the appellant as

has been done by trial Court, therefore, the application (I.A. No.2/2022) is liable

to be rejected.

I have heard learned counsel for the parties and perused the records of

trial Court.

Having considered the evidence available on record and particularly

considered the fact that out of 7 years of jail sentence, appellant has completed 5

years and there is no likelihood of this appeal to be heard finally in near future,

hence, I feel inclined to allow the application (I.A. No.2/2022) and suspend the

remaining jail sentence of the appellant.

Accordingly, I.A. No.2/2022 is allowed. It is directed that substantive jail sentence imposed upon the appellant shall remain suspended during the

pendency of this appeal and he shall be released on bail on furnishing a personal

bond in the sum of Rs.25,000/- 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 10.3.2023. Thereafter, he shall appear before the concerned 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 disposal

of the instant appeal.

List this case for final hearing in due course.

SD/-

(N.K. Chandravanshi) Judge

Ayushi