Sukhram Hansda vs State Of Chhattisgarh
2024 Latest Caselaw 29 Chatt

Chattisgarh High Court

Sukhram Hansda vs State Of Chhattisgarh on 19 June, 2024

                 HIGH COURT OF CHHATTISGARH, BILASPUR

                                  CRA No. 1740 of 2023

        Sukhram Hansda S/o- Mokaro Hansda Aged About 33 Years
        R/o- Ananddih, P. S. Kharsawa, District- Saraikela Kharsawa, (Jharkhand),
        Presently Residing At Bhagwanpur, Niche Basti, House Of Govind Ekka, P. S.
        Kotraroad, District : Raigarh, Chhattisgarh

                                                                       ---- Petitioner

                                           Versus

        State Of Chhattisgarh Through Station House Officer, Police Station-
        Kotraroad, District : Raigarh, Chhattisgarh

                                                                      ---- Respondent

19.06.2024 Shri Anish Tiwari, Counsel for the Appellant.

Ms. Sunita Sahu, P.L. for the State/ Respondent.

Heard on I.A. No. 02/2023 an application for suspension of

sentence and grant of bail.

By virtue of the impugned judgment of conviction and order of sentence dated 29.04.2023 passed by the First Additional Sessions Judge, Raigarh, Distt. Raigarh (C.G.) passed in Sessions Case No. 31/2019 in Crime No. 57/2019 whereby the appellant has been convicted and sentenced as under:

                     Conviction                          Sentences

             Under    Section   323   of S.I. for 01 year.
             IPC.

             Under    Section   307   of R.I. for 10 years and fine of Rs. 5,000/-
             IPC.                       in default further S.I. for 06 months.

Learned Counsel for the appellant submits that the appellant is innocent and has been falsely implicated in connection with the alleged crime. The appellant is languishing in Jail since 22.03.2019. Since the appeal with take some considerable time for its conclusion, therefore, the jail sentence as awarded by the Trial Court be kept in abeyance, till the disposal of this appeal.

On the other hand, learned counsel appearing for the Respondent/State has opposed the said application.

Having considered the aforesaid contention of the parties, considering the nature of incident and act committed by the appellant and particularly looking to the detention period. I am, therefore, inclined to allow this application for suspension of sentence and grant of bail, without further commenting anything on the merits of this case.

Accordingly, the I.A. No. 02/2023 is allowed and it is directed that 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. 10,000/- with surety in the like amount to the satisfaction of the concerned Trial Court for his appearance before the Registry of this Court on 14.08.2024. 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, till final disposal of this appeal.

In view of above, I.A. No. 02/2023 stands disposed of. List this case for final hearing in due course.

Sd/-

(Arvind Kumar Verma) Judge

Shoaib