Chattisgarh High Court
Tameshwar Kumar vs State Of Chhattisgarh on 17 March, 2025
1
HIGH COURT OF CHHATTISGARH AT BILASPUR
CRA No. 1402 of 2023
Tameshwar Kumar S/o. Govind Ram Baghel, Aged About 22 Years
R/o. Kandul, P.S. Arjunda, District - Balod, Chhattisgarh.
... Appellant
versus
State Of Chhattisgarh Through S.H.O. Arjunda, District Balod,
Chhattisgarh.
... Respondent
Order Sheet
17/03/2025 Heard Mr. Shikhar Bakhtiyar, learned counsel for
the appellant. Also heard Mr. Amit Verma, learned Panel
Lawyer appearing for the respondent/State in 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 30.06.2023 passed in Sessions Trial
No. 11/2020, the learned First Additional Sessions
RAHUL
DEWANGAN Judge, Balod District-Balod (C.G), has convicted and
Digitally
signed by
RAHUL
sentenced the appellant for offence under Section 307 of
DEWANGAN
IPC and sentenced him to undergo rigorous
imprisonment for 03 years with fine of Rs. 1000/-, in
default of payment of fine amount to further undergo R.I.
for 01 month.
Learned counsel for the convict/appellant has
argued that the appellant was assaulted the injured
persons by knife on account of which the injured person
received injuries though, it is stated that 03 injuries were
sustained by the injured out of which two and three
injuries were found to be simple in nature however, one
injury found to be grievous in nature and the injured had
undergone surgery and was admitted in the concerned
hospital for 10 days. He further submits that the
appellant was convicted by the learned trial Court for
offence under Section 307 of IPC and sentence him to
undergo R.I. for 03 years with fine of Rs. 1000/-, in
default of payment of fine amount to further undergo R.I.
for 01 month and he has already served out 08 months
of jail sentence out of 03 years and was on bail during
the pendency of trial and not misuse the liberty of bail
and further the appeal is likely to take some more time 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) 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. Amit Verma, learned Panel Lawyer, appearing
for the State opposes the prayer for grant of bail.
I have heard learned counsel for the parties and
perused the bail application.
Considering the submissions advanced by the
learned counsel for the parties, further considering the law
laid down by the Hon'ble Apex Court in Atul Alia
Ashutosh (Supra) and Nanhe Lal Verma (Supra), also
considering the fact that the appellant was assaulted the
injured person by knife on account of which the injured
received injuries though 03 injuries were sustained by
the injured out of which two and three injuries were found
to be simple in nature however, one injury found to be
grievous in nature and the injured had undergone
surgery and was admitted in the concerned hospital for
10 days and also considering the fact that the maximum
sentence awarded to the appellant is RI for 03 years under
Section 307 of IPC and he has already served out jail
sentence of 08 months out of 03 years, the appellant was
on bail during the trial and never misused the liberty of bail
granted to him and the hearing of this appeal would take
prolonged period of time, if the bail is not granted to the
appellant, the present appeal would become infructuous,
as such, I deem it appropriate to allow the application for
suspension of sentence and grant of bail moved on
behalf of the appellant.
Accordingly, the application (I.A. No. 01 of 2023 is
allowed. 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
25.04.2025. 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.
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
matter.
List this matter for final hearing.
Certified copy, as per rules.
Sd/-
(Ramesh Sinha)
Chief Justice
Rahul Dewangan
