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Judgment
14 paragraphs · 321 wordsHeard on I.A.No.1 of 2017, which is an application for suspension of sentence and grant of bail to the appellant.
Present is a repeat bail application.
The earlier bail application was rejected by this Court on 02/01/2017. The appellant stands convicted and sentenced to undergo RI for one year and
fine of Rs.500/-, RI for one year and fine of Rs.500/- and RI for 5 years and fine of Rs.3000/- with default stipulations under Section 452, 506-B and
307 IPC respectively as ordered on 25.02.2016 by the IInd Additional Sessions Judge, Baloda Bazar, in Sessions Trial No.11 of 2015.
The counsel for the appellant submits that, the total sentence imposed upon the appellant is of 5 years of which the appellant herein has already
remained in jail for a period of roughly 2 years and 11 months and that the appeal being of the year 2016, there is no likelihood of an early disposal of
the appeal and thus prayed for releasing the appellant on bail.
The State counsel however opposes the bail application. Considering the facts and circumstances of the case, particularly, the period of custody
already undergone which is 2 years 11 months out of the total sentence of 5 years and taking note of the fact that, the appeal is of the year 2016 and
there is no likelihood of an early disposal of the appeal, I.A. No. 01/2017 for suspension of sentence and grant of bail is allowed.
It is directed that the substantive jail sentence imposed upon the appellant shall remain suspended during the pendency of this appeal and he shall be
released on bail on furnishing a personal bond in the sum of Rs.25,000/- with one surety in like sum to the satisfaction of the concerned trial Court.
The appellant is directed to appear before the trial Court on each and every date given to him by the said Court till disposal of the appeal.