Asram Kurre vs State Of Chhattisgarh
2025 Latest Caselaw 2279 Chatt

Chattisgarh High Court

Asram Kurre vs State Of Chhattisgarh on 5 March, 2025

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                                                                                                    NAFR

                                     HIGH COURT OF CHHATTISGARH AT BILASPUR

                                                          CRA No. 9 of 2023
                            1 - Asram Kurre S/o Heeraram Kurre Aged About 45 Years R/o Village
                            Tendubhatha, Police Station Sarsinwa, District - Balodabazar-Bhatapara (C.G.)
                                                                                        ... Appellant(s)
                                                                versus
                            1 - State Of Chhattisgarh Through Police Station Sarsinwa, District -
                            Balodabazar - Bhatapara (C.G.)
                                                                                       ... Respondent(s)

Order Sheet

05/03/2025 Heard Mr. Roop Ram Naik, learned counsel for the

appellant and Mr. Bharat Gulbani, learned Panel Lawyer,

appearing for the State/respondent on the instant application

for suspension of sentence and grant of bail (I.A. No. 01 of

2023).

By the impugned judgment of conviction and order of

sentence dated 18/11/2022 passed in Sessions Trial No.

04/2022, the learned Second Additional Sessions Judge

NISHA by Balodabazar, District-Balodabazar-Bhatapara, C.G, has NISHA DUBEY

DUBEY Date:

2025.03.06 11:43:06 +0530

convicted and sentenced the appellant in the following

manner:

Conviction Sentence Fine In default of under (Rigorous payment of Section imprisonment) fine add. R.I.

Section 307 of IPC 7 years Rs. 1,000/- 3 months Learned counsel for the convict/appellant argued that

the appellant is in jail since 10.11.2021 and thereby he has

served out more than half of the sentence imposed upon him.

Appeal is likely to take a couple of years or even more in its

final disposal and if the bail is not granted to the appellant,

the present appeal would become infructuous.

Learned counsel for the appellant relied upon the

judgment passed by the Hon'ble Apex Court in the matters of

Atul Alias Ashutosh vs. State of Madhya Pradesh (2024)

3 SCC 663 and Nanhe Lal Verma vs. State of Madhya

Pradesh (Arising out of SLP (Criminal) No. 14769 of

2024) decided on 25.11.2024 wherein, the Hon'ble Apex

Court has held that when there is a fixed term sentence and

especially when the appeal is not likely to be heard before

completing entire period of sentence, normally suspension of

sentence and bail should be granted.

Mr. Bharat Gulbani, learned Panel Lawyer, appearing

for the State opposes the prayer for grant of bail.

Considering the submissions advanced by the learned

counsel for the parties, the law laid down by the Hon'ble

Apex Court in Atul Alias Ashutosh (supra) and Nanhe Lal

Verma (supra), the appellant has already served out more

than half of the jail sentence awarded to him, I deem it

appropriate to allow the application for suspension of

sentence and grant of bail moved on behalf of the appellant.

Accordingly, the substantive jail sentence awarded to

appellant by the learned trial Court is hereby suspended. He

shall be released on bail on his executing bail bond to the

satisfaction of the concerned trial Court for his appearance

before the Registry of this Court on 28.04.2025. He shall

thereafter appear before the concerned 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, interval being not less than 6 months,

till final disposal of this appeal.

Consequently, IA No. 01 of 2023 is allowed.

It is made clear that the observations made

hereinabove are only confined for disposal of aforesaid IA

filed in this appeal and it shall not be construed as an

expression of opinion of this Court on merits of the case.

List this matter for final hearing.

Certified copy, as per rules.

Sd/-

(Ramesh Sinha) Chief Justice

Nisha