Khachchu Ram vs State Of Chhattisgarh
2024 Latest Caselaw 127 Chatt

Chattisgarh High Court

Khachchu Ram vs State Of Chhattisgarh on 24 June, 2024

            HIGH COURT OF CHHATTISGARH, BILASPUR
                                Order Sheet
                            CRA No. 1179 of 2021
1. Shriram S/o Lalanram, Aged About 31 Years R/o Village Kachhar, Police Station
   Sonhat, District - Koriya Chhattisgarh
2. Kumer Raj Rajak S/o Late Raghubeer Rajak, Aged About 22 Years R/o Village
   Machakala, Police Station Pohri, District-Shivpuri (M.P.)
                                                                    ---- Petitioner
                                   Versus
• State Of Chhattisgarh Through Station House Oicer, Police Of Police Station
  Ramanujnagar, District Surajpur Chhattisgarh
                                                                   ---- Respondent

CRA No. 335 of 2022 • Khachchu Ram S/o Raguni Ram, Aged About 42 Years, R/o. Village Devarikhurd, Police Station Pohari, District Shivpuri (M.P.)

---- Petitioner Versus • State Of Chhattisgarh Through Police Of Police Station Ramanujnagar, District Surajpur Chhattisgarh

---- Respondent

24.06.2024 Mr. Pushkar Sinha and Mr. Pawan Shrivastava, Counsel for the appellant in CRA No.335 of 2022.

Mr. Devesh G. Kela, Panel Lawyer for the State.

Heard on IA No.3/2024, an application for suspension of sentence and grant of bail to appellant - Khachchu Ram filed in Criminal Appeal No.335 of 2022.

The appellant has been convicted for offence amongst other offences under Section 373/34 of the IPC and sentenced to undergo RI for 10 years and pay fine of Rs.100/- with usual default stipulations vide judgment dated 16.7.2021 passed by the Additional Sessions Judge, Fast Track Special Court, Surajpur District Surajpur in Special Sessions Case No.13/2018.

Learned counsel for the appellant submits that the appellant has been awarded maximum sentence of RI for 10 years and he has already undergone 6 years and 5 months of sentence, therefore, considering all these aspects, the appellant may be enlarged on bail.

On the other hand, learned counsel for the State opposes the application.

Today, the father of the victim, also appeared through the Help Desk of the concerned DLSA, and strongly opposed the prayer for bail.

Having considered the submissions of learned counsel for the parties and also considering the sentence(s) awarded to the appellant and particularly considering that he has already undergone 6 years and 5 months of jail sentence and there is no chance of early hearing of this appeal, this Court is of the opinion that the present is a fit case to suspend the jail sentence imposed against the appellant and release him on bail.

Accordingly, the application is allowed.

Execution of the substantive jail sentence imposed on appellant Khachchu Ram shall remain suspended and he is directed to be released on bail on his furnishing a personal bond for a sum of Rs.50,000/- with two sureties in the like sum to the satisfaction of the trial Court for his appearance before the Registry of this Court on 27th of August 2024. 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.

Certified copy as per rules.

                  Sd/-                                            Sd/-

          (Goutam Bhaduri)                          (Deepak Kumar Tiwari)
Shyna
               Judge                                        Judge