Umendra And Another vs State Of Chhattisgarh
2024 Latest Caselaw 715 Chatt

Chattisgarh High Court

Umendra And Another vs State Of Chhattisgarh on 1 July, 2024

                                                                               NAFR
                    HIGH COURT OF CHHATTISGARH, BILASPUR

                                 CRA No. 1068 of 2004

   1.    Umendra S/o Ram Dayal, Aged About 21 Years, R/o Village Narharpur,
         P.S. Narharpur, District Kanker (C.G.).

   2.    Rukham S/o Bhunuram Vishwakarma, Aged About 25 Years, R/o Village
         Narharpur, P.S. Narharpur, District Kanker (C.G.).
                                                            ---- Appellants
                                       Versus

        State Of Chhattisgarh, Through P.S. Narharpur, District Kanker (C.G.).

                                                                      ---- Respondent

01.07.2024 Ms. Anju Ahuja, Counsel for the Appellants.

Mr. Ankur Kashyap, Dy. Govt. Advocate for the State/Respondent.

Appellant No.1-Umendra has been produced as per the direction

issued on 06/05/2024.

Heard on I.A. No. 01/2024, an application, filed today itself, under

Section 389 of Code of Criminal Procedure, 1973, seeking suspension of

sentence and grant of bail to the Appellant No.1-Umendra.

By virtue of the impugned judgment of conviction and order of

sentence dated 27/08/2004, passed by the learned Fourth Additional

Sessions Judge (F.T.C.), Kanker (C.G.), in Sessions Trial No.440/2003,

whereby the said appellant has been convicted and sentenced as under :-

Conviction Sentence Under Section 363 of the R.I. for 03 years and fine amount of I.P.C. Rs.500/-, in default of payment of fine, additional R.I. for 01 month.

Under Section 366 of the R.I. for 05 years and fine amount of I.P.C. Rs.500/-, in default of payment of fine, additional R.I. for 03 months.

Under Section 376 of the R.I. for 07 years and fine amount of I.P.C. Rs.1,000/-, in default of payment of fine, additional R.I. for 06 months.

(All the sentences were directed to run concurrently)

Learned Counsel appearing for the Appellants submits that the

Appellant No.1-Umendra is an innocent and has been falsely implicated in

connection with the alleged crime. It is contended further that when the

Appellant No.1-Umendra has failed to appear before this Court on

18/03/2024, a bailable warrant was directed to be issued against him for

his appearance before this Court on 06/05/2024, but he failed to appear,

therefore, vide order dated 06/05/2024, a non-bailable warrant was

directed to be issued against the said Appellant (Umendra) for his today's

production before this Court. It is contended further that due to

inadvertence, he has failed to appear before this Court, however, there is

no malafide intention behind it, therefore, the jail sentence imposed upon

him, be suspended pending decision of this appeal.

On the other hand, learned Counsel appearing for the State/

Respondent has opposed the said application.

On due consideration and that by taking into consideration the

evidence and material available on record, without commenting on merits

of the case, I am inclined to allow this application. The jail sentence

imposed upon the said Appellant No.1-Umendra, is hereby suspended.

The application (I.A. No.01/2024) is, accordingly allowed and, it is

directed that the substantive jail sentence imposed upon the said

Appellant No.1-Umendra shall remain suspended during the pendency of

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

bond for a sum of Rs.10,000/- along 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 28-08-2024, and thereafter, he shall appear

before the concerned trial Court as directed by the Registry and to appear

continuously on all such subsequent dates as are given to him by the said

Court, till the disposal of this appeal.

In view of above, I.A. No.01/2024, stands disposed of.

Certified copy as per rules.

Sd/-

(Sanjay S. Agrawal) Judge

Chandrakant