Chandrakant Nirmalkar vs State Of Chhattisgarh

Heard on I.A.No. 1/2021 for suspension of sentence and grant of bail to the appellant.

The appellant stands convicted by the judgment dated 20.01.2017 passed by the learned 09th Addl. Sessions Judge, Bilapur in Sessions Trial

No.54/2016 for the offence punishable u/s 304-B of IPC and sentenced to undergo rigorous imprisonment for 10 years.

Learned counsel for the appellant would submit that appellant is in jail since 13.01.2016 and by now he has already suffered more than 50% of the jail

sentence and hearing of the appeal on merits is likely take time, therefore, the substantive jail sentence of these appellant may be suspended and he

may be released on bail.

Per contra, learned State Counsel opposes the prayer. However, he does not dispute the fact that appellant is in jail since 13.01.2016.

Considering the fact that the maximum sentence awarded to the appellant is R.I., for 10 years and by now appellant has already suffered more than

50% of the jail sentence and further considering the fact that the appeal is of the year 2017 and the final hearing will take time, I am inclined to

suspend the remaining sentence and release the appellant on bail subject to furnishing bail bonds.

Accordingly, I.A.No.1 is allowed and it is directed that the execution of further substantive jail sentence of the appellant shall remain suspended and

he shall be released on bail on his executing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the trial Court

for his appearance before the Registry of this Court on 26th 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 the

appeal.

Accordingly, I.A.No.2 for hearing the case during summer vacation and I.A.No.3 for urgent hearing stand disposed of.

Cc as per rules.