Jems Ekka vs State Of Chhattisgarh
2023 Latest Caselaw 99 Chatt

             HIGH COURT OF CHHATTISGARH, BILASPUR
                              CRA No. 316 of 2022
  Jems Ekka S/o Chhandu Ekka Aged About 25 Years R/o Village Karangabahala,
  Police Station Pathalgaon, District- Jashpur Chhattisgarh.
                                                                         ---- Appellant
                                     Versus
  State Of Chhattisgarh Through Station House Officer, Police Station Pathalgaon,
  District- Jashpur Chhattisgarh.

                                                                    ---- Respondent

05/01/2023 Mrs. Vijay Laxmi Soni, Advocate for the appellant.

Mr. B.L. Sahu, PL for the State.

Heard on application (I.A. No. 01/2022) for suspension of

sentence and grant of bail to the appellant.

By the impugned Judgment dated 21.12.2021 passed by learned Additional Sessions Judge Pathalgaon, District Jashpur (CG) in Sessions Case No. 05/2021, the appellant stands convicted and sentenced as under:-

                        Conviction                            Sentence
              U/s. 304 Part II IPC             RI for 5 years with fine of Rs. 1000/- in
                                               default of payment of fine additional RI
                                               for 1 years.

Learned counsel for the appellant would submit that the appellant has been wrongly convicted by the Trial Court in the judgment without there being any sufficient evidence available on record. He submits that the appellant is in jail since 15-11-2020 till today i.e. 2 yeas and 3 months and the appeal is of the year 2022, final hearing of the appeal will take some time and would pray for suspension of sentence and grant of bail to the appellant.

On the other hand, Learned counsel for the State has opposed the bail application and submissions made in this respect.

I have heard learned counsel for the parties. Considering the facts and circumstances of the case and the fact that the appellant has remained in jail about 2 years and 3 months and fine amount has already been paid and the fact that the appeal is of the year 2022 and hearing of the appeal will likely to take some time for its disposal, therefore, I am inclined to allow this application.

Accordingly, the application is allowed and it is directed that the 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 sum of Rs. 25,000/- with one surety like sum to the satisfaction of the concerned trial Court for his appearance before the Registry of this Court on 15.02.2023. He shall thereafter continue to appear before the trial Court on all such subsequent dates as are given to him by the trial Court till the disposal of this appeal.

List this case for final hearing.

Sd/-

(Narendra Kumar Vyas) Judge

santosh