Citation : 2025 Latest Caselaw 2013 Chatt
Judgement Date : 19 February, 2025
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Digitally
signed by
ADITI
ADITI DIWAN
DIWAN KAIWART
KAIWART Date:
2025.02.20
11:10:25
+0530
HIGH COURT OF CHHATTISGARH AT BILASPUR
CRA No. 1074 of 2023
KISHTA JUMAR versus THE STATE OF CHHATTISGARH
Order Sheet
19.02.2025 Mr. Aditya Chopra, Advocate for the appellant.
Mr. Vivek Sharma, Panel Lawyer for the respondent-
State.
Heard on I.A. No.1, which is an application for suspension of sentence and grant of bail.
By the impugned judgment of conviction and order of sentence dated 23.03.2023 passed by learned Sessions Judge, Dakshin Bastar, Dantewada in Sessions Case No.116/2022, 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. Aditya Chopra, learned counsel for the appellant submits that the appellant has completed two years, seven months and twenty eight days in jail i.e. more than half the sentence awarded and the victim - Raju Ram Jhadi (PW-6) has only suffered single injury in the stomach and was hospitalized for 16 days and since the final disposal of the appeal is likely to take time and, therefore, the application may be allowed and appellant may be released on bail.
Mr. Vivek Sharma, 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 appellant - Kishta Jumar has completed two years, seven months and twenty eight days in jail i.e. more than half the sentence awarded and since final disposal of the appeal is likely to take time therefore, I am inclined to grant bail to the present appellant
- Kishta Jumar. Accordingly, I.A. No.1 is allowed.
The substantive jail sentence awarded to the appellant - Kishta Jumar 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
@diti
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