Sushanto vs State Of Chhattisgarh
2025 Latest Caselaw 1458 Chatt

Chattisgarh High Court

Sushanto vs State Of Chhattisgarh on 27 January, 2025

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       HIGH COURT OF CHHATTISGARH AT BILASPUR
                            CRA No. 1205 of 2003
             SUSHANTO versus STATE OF CHHATTISGARH

                                 Order Sheet


27/01/2025          Ms. Renu Kochar, learned counsel for the appellant/s.

                    Mr. Aman Tamboli, P.L. for the respondent/State.

The appellant is produced before this Court from Police Line- Kanker, District- Uttar Bastar Kanker (C.G.).

Heard on I.A. No.02/2025, an application for suspension of sentence and grant of bail under Section 430 of BNSS, 2023.

By the impugned judgment dated 04.11.2003 passed by the learned First A.S.J., Kanker C.G. in Sessions Trial No.460/2001, appellant stands convicted for the offence punishable mentioned as under:

Conviction Sentence U/s. 306 of the Indian Penal R.I. for 07 years with fine of Code. Rs. 1,000/- (in default of six months R.I.)

Learned counsel appearing for the appellant submits that

the application for suspension and grant of bail was allowed by

this Court on 17.11.2003 and the appellant was released on bail.

Thereafter, as no representation was made on behalf of the

appellant, a non-bailable warrant was issued against him. She

further submits that on 10.07.2024 the concerned Police Station

vide its report dated 14.09.2023 informed that appellant is in jail

in District Chandrapur (M.H.) since 20.04.2022 in connection

with Crime No. 3/2022 registered at P.S. Parmili, District

Gadchirolil (M.H.) u/s 452, 476 of I.P.C. On 08.04.2024 Hon'ble

High Court issued production warrant for his presence on

17.09.2024, on 17.09.2024 report dated 13.09.2024 received from

office of Senior Superintendent informed that appellant has been

released from district jail Chandrapur (M.H). She submits that on

17.09.2024 non-bailable warrant was issued through concerned

Superintendent of Police for his production on 02.12.2024 and the

Hon'ble High Court on 02.12.2024 non-bailable warrant was

issued against the appellant for his production before the Hon'ble

Court on 27.01.2025. She further submits that as the appellant

was in jail in some other crime no. therefore he could not be

represented. She prays for allowing the application.

On the other hand, learned counsel appearing for the State

opposes the submissions made by counsel for the appellant.

Heard.

Be that as it may, after hearing the learned counsel for the

parties and the sentence awarded to the appellant was earlier

suspended by this Court and he was released on bail, therefore,

this Court is 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.10,000/-

with one surety for the like sum to the satisfaction of the

concerned trial Court for his appearance before the concerned trial

Court on 21.04.2025. He shall thereafter appear before the trial

Court on a date to be given to him and shall continue to appear

there on all such subsequent dates as are given to him, till the

disposal of this appeal.

In view of the above, I.A. No.02/2025, application for

suspension of sentence and grant of bail is allowed.

As the case is of the year 2003, let it be listed in the week after next.

Sd/-

(Sachin Singh Rajput) Judge

H.Ansari