Basant Singh vs State Of Chhattisgarh
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Chattisgarh High Court

Basant Singh vs State Of Chhattisgarh on 18 February, 2025

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KAIWART Date:
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                             HIGH COURT OF CHHATTISGARH AT BILASPUR

                                                 CRA No. 756 of 2023

                            BASANT SINGH versus STATE OF CHHATTISGARH


                                                       Order Sheet




                     18.02.2025            Mr. Shalvik Tiwari, Advocate for the appellant.

                                           Mr. Ajay Kumrani, Panel Lawyer for the respondent-

State.

Heard on I.A. No.2, which is a repeat application filed under Section 430 of the BNSS for suspension of sentence and grant of bail.

By the impugned judgment of conviction and order of sentence dated 31.01.2023 passed by learned I Additional Sessions Judge, Manendragarh, Koriya in S.T. No.107/2021, the appellant has been convicted as under:-

Conviction Sentence

Under Section 307 R.I. for 05 years and fine of Rs.500/-, of the IPC in default of payment of fine

additional R.I. for 01 month

Mr. Shalvik Tiwari, learned counsel for the appellant submits that the first bail application was rejected vide order dated 13.07.2023 with liberty to file the bail application again if the appeal is not decided within a year. That, more than one year have passed and appeal has not yet been finally decided and the final disposal of the appeal is likely to take time and as the appellant has already suffered the jail sentence for three years, eight months and twenty days, which is more than half the sentence awarded and, therefore, the application may be allowed and appellant may be released on bail.

Mr. Ajay Kumrani, learned State counsel would oppose the application for grant of bail and suspension of sentence.

I have heard learned counsel for the parties, considered their submissions made herein above and gone through the record with utmost circumspection.

Considering the fact that the sentence awarded to the appellant - Basant Singh is 05 years and out of which he has completed three years eight months and twenty days in custody and final disposal of the appeal is likely to take time, I am inclined to grant bail to the present appellant - Basant Singh. Accordingly, I.A. No.2 is allowed.

The substantive jail sentence awarded to the appellant - Basant Singh is suspended during the pendency of this appeal and he is directed to be released

on bail, on him furnishing a personal bond in the sum of Rs.25,000/- 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 24th of March, 2025. 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/-

(Sanjay K. Agrawal) Judge

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