Anil Namdev vs State Of Chhattisgarh

Also heard on I.A. No.01/2021, application for suspension of sentence and grant of bail.

Applicant has been convicted by the judgment dated 05.04.2021, passed in Criminal Appeal No. 02/2020 by the Additional Sessions Judge (FTC),

Korba, District Korba (C.G.) for offence punishable under sections 456, 354 & 354(A) of Indian Penal Code and has been awarded R.I. for one year,

R.I. for one year, R.I. for one year respectively with further default stipulations.

Learned Counsel for the applicant submits that the applicant was on bail during trial and during the course of appeal also he was on bail and did not

misuse the liberty granted to him. He further submits that maximum sentence awarded to him is only R.I. for one year and he is in jail since

05.04.2021, therefore considering the short term sentence awarded to the applicant he may be released on bail.

Learned State Counsel opposes the prayer for grant of bail.

Considering the short term sentence awarded to the applicant and also the fact that the applicant did not misuse the liberty granted to him by the

Courts below, and hearing of the revision will take time as the revision is of year 2021, therefore, I am inclined to suspend the jail sentence and release

the applicant on bail.

Accordingly, I.A. No.01/2021 bail application for suspension of substantive jail sentence and grant of bail is allowed.

It is directed that the execution of further substantive jail sentence imposed on applicant shall remain suspended and he is directed to be released on

bail on his executing a personal bond for a sum Rs.25,000/- with one surety for the like sum to the satisfaction of the trial Court for his appearance

before the Registry of this Court on 16th August 2021. 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 revision.

Consequently, I.A. No. 02 i.e. application for urgent hearing and I.A. No. 03 i.e. application for hearing the matter in summer vacation stands

disposed off.