Sanjay Dubey vs State Of Chhattisgarh
2024 Latest Caselaw 720 Chatt

Chattisgarh High Court

Sanjay Dubey vs State Of Chhattisgarh on 1 July, 2024

                                                                      CRA No. 1109/2022




                  HIGH COURT OF CHHATTISGARH AT BILASPUR

                                       Order Sheet

                                    CRA No. 1109 of 2022

  • Sanjay Dubey S/o Pushpchandra Dubey, Aged About 35 Years R/o Village- Jamdi,
    P.S. - Jhilmili, District- Surajpur, Chhattisgarh

                                                                              ---- Petitioner

                                         Versus

  • State Of Chhattisgarh Through - P.S. Jhilmili District - Surajpur, Chhattisgarh
                                                                           ----Respondent

01/07/2024 Heard Mr. Pushkar Sinha, learned counsel for appellant. Also

heard Ms. Sunita Singh, learned Panel Lawyer appearing for

Respondent-State, on the instant application for suspension of

sentence and grant of bail i.e. I.A. No. 1 of 2022.

By the impugned Judgment of conviction and order of sentence

dated 27.06.2022, learned Additional Session Judge, FTSC District

Surajpur (C.G.) in S.T. No. 14/2020, has convicted and sentenced the

Appellant as under:-

                      Conviction u/S                            Sentence

              376 of Indian Penal Code            R.I. for 10 years with ine of Rs.
                                                  500/- in default of which additional
                                                  R.I. for six months.

Learned Counsel for Convict/Appellants has argued that there are

so many contradictions, omission and additions in the statement of the

prosecution witnesses. He further submits during trial the appellant is

on bail and never misused the liberty granted by the Court and now

after the pronouncement of judgment dated 27.06.2022 he is in jail.

The appeal is likely to take sometime for its inal disposal, therefore he

may be released on bail.

On the other hand, learned State Counsel opposes the bail

application.

Taking into account that the conviction of the appellant was

based on the circumstantial evidence and there is no cogent

evidence against the appellant and looking to the period of detention,

without further commenting on merits, I am of the opinion that present

is a it case to suspend the jail sentence imposed upon the appellant.

Accordingly, the substantive jail sentence imposed upon the

Appellant by the learned Trial Court is hereby suspended. The

Appellant shall be released on bail on his executing a bail bond of

Rs.25,000/- with one surety in the like amount to the satisfaction of the

concerned Trial Court for his appearance before the Registry of this

Court on 02.09.2024. 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, interval being not less than 6

months, till inal disposal of this appeal.

Consequently, IA No.1 of 2022 stands allowed.

List this matter for inal hearing in due course.

Sd/-

(Arvind Kumar Verma) Judge

Jyoti