Galeshwar vs State Of Chhattisgarh
2025 Latest Caselaw 1958 Chatt

Chattisgarh High Court

Galeshwar vs State Of Chhattisgarh on 17 February, 2025

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       HIGH COURT OF CHHATTISGARH AT BILASPUR
                            CRA No. 1102 of 2004
             GALESHWAR versus STATE OF CHHATTISGARH
                                Order Sheet


17/02/2025           Mr. Vimlesh Bajpai, learned counsel for the
             appellant/s.

                     Ms. M. Asha, P.L. for the respondent/State.

In compliance of non-bailable warrant issued by this

Court on 03.01.2025, appellant is produced before this

Court identified by A.S.I. Ashwani Warma and Constable

Dinesh Nirala presently posted at Police Station - Kotwali

Korba District- Korba (C.G.)

Heard on I.A. No.01/2025, an application for

suspension of sentence and release appellant on personal

bond.

By the impugned judgment dated 08.12.2004

passed by the A.S.J., Korba C.G. in Sessions Trial No.

97/04, appellant stands convicted for the offence

punishable mentioned as under:

Conviction Sentence U/s. 314 of the Indian R.I. for 05 years with fine Penal Code. of Rs. 1,000/- (in default of six months R.I.)

Learned counsel appearing for the appellant

submits that by impugned judgment dated 08.12.2004

passed by the A.S.J., Korba C.G. in Sessions Trial No.

97/04, appellant has been convicted for offence

punishable under Section 314 of I.P.C. and sentenced to

undergo R.I. for five years with fine of Rs. 1,000/- with

default stipulation. Substantive sentence imposed upon

appellant was suspended by this Court vide order dated

01.02.2005 and in compliance of that, appellant was

released on bail. Appellant was regularly appearing before

this Court and on last date of appearance i.e. 15.10.2024,

next date of appearance was given as 09.04.2025. On

06.12.2024, counsel for appellant has not appeared and

therefore, bailable warrant of Rs. 20,000/- was issued

against appellant which could not be served and

thereafter on 03.01.2025, non-bailable warrant was

issued. He further contended that appellant is regularly

appearing before this Court and never misused liberty

granted to him. As counsel for appellant could not appear,

bailable and non-bailable warrant was issued and for

default of counsel, appellant should not suffer, hence, this

application for suspension of sentence may be allowed

and appellant may be released on personal bond.

On the other hand, learned counsel appearing for

the State opposes the submissions advanced by counsel

for the appellant.

Heard.

Taking into consideration submission made by

learned counsel for the parties and also considering the

fact that substantive jail sentence imposed upon appellant

was suspended by this Court and he was regularly

appearing before the Registry of this Court, therefore, I am

inclined to allow this application.

Execution of substantive jail sentence imposed on

the appellant shall remain suspended and he is directed to

be released on bail on his furnishing a personal bond for a

sum of Rs. 30,000/- to be sworn before Registrar

(Judicial)/ Additional Registrar (Judicial) of this Court and

appellant shall appear on 21.04.2025 before the Registry

of this Court and on the further dates given to him and

shall continue to appear there on all such subsequent

dates as given to him, till the disposal of this appeal.

In view of the above, I.A. No.01/2025, application

for suspension of sentence and release appellant on

personal bond is allowed.

As the case is of the year 2004, let it be listed in the

week after next.

Sd/-

(Sachin Singh Rajput) Judge Digitally signed by SHAYNA KADRI Shayna