Citation : 2025 Latest Caselaw 1554 Chatt
Judgement Date : 30 January, 2025
1
HIGH COURT OF CHHATTISGARH AT BILASPUR
CRA No. 683 of 2004
Vinod Uraon S/o Sohor Uraon, aged about 30 years, R/o Village Bhakurma, P.S.
Lakhanpur, District Surguja, CG ... Appellant
versus
The State Of Chhattisgarh, through P.S. Lakhanpur, District Surguja, CG.
... Respondent
Order Sheet
30/01/2025 Later on
Mr. Anand Gupta, counsel for appellant.
Mr. Aman Tamboli, PL for the State/respondent.
Heard on IA No. 01 application for suspension of sentence
and grant of bail.
By the impugned judgment of conviction and order of
sentence dated 04.08.2004 passed by the Sessions Judge Surguja,
Ambikapur, CG in Sessions Trial No. 179/2004 appellant has been
convicted for the offence punishable under Sections 376 and 450
IPC and sentenced to undergo RI for 7 years with fine of Rs. 500/-
u/s 376 and RI for 3 years with fine of Rs. 500/- u/s 450 IPC, plus
default stipulations.
Learned counsel for the appellant submits that this Court by
order dated 21.09.2004 had suspended the sentence imposed on the
appellant and granted him bail. Thereafter, the appellant was
released from jail as well. However, as no representation was made
on behalf of the appellant, a non-bailable warrant was issued
against the appellant for his appearance before this Court on
11.12.2024. Further, as the appellant was not produced on that day,
again on 11.12.2024 a fresh non-bailable warrant was issued
against him for his appearance before this Court and in compliance
thereof he has been produced before this Court today.
Counsel for the appellant submits that looking to the facts
and circumstances of the case, the application may be allowed and
the sentence of the appellant may be suspended and he may be
released on bail.
State counsel however opposes the said application.
After hearing counsel for the parties and considering the
facts and circumstances of the case, this Court is of the opinion
that it is a fit case for suspension of sentence and grant of bail.
Accordingly, IA No. 1 is allowed. The substantive sentence
imposed on the appellant is directed to remain suspended and he is
directed to be released on bail on his furnishing a bond in the sum
of Rs. 10,000/- with one surety for the like sum to the satisfaction
of the trial Court for his appearance before this Court on
28.02.2025 and thereafter on the dates so fixed in this regard, till
the disposal of this appeal. Order accordingly.
As this appeal is of the year 2004, let it be listed for final
hearing in the next week.
Sd/-
(Sachin Singh Rajput)
Judge
Jyotishi/P
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