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Judgment
12 paragraphs · 349 wordsAnjuli Palo, J
Heard on admission.
Admit.
Heard on I.A. No.7879/2022, which is first application filed on behalf of the appellants for suspension of sentence and grant of bail.
T he appellants have been convicted by the trial Court under Section 326/34 of I.P.C. and sentenced to R.I. for 5 years (each) with fine of Rs.2,000/-(each) with default stipulations.
Learned counsel for the appellants has submitted that appellants are in custody since 02.05.2022. Disposal of this appeal would take considerable time, therefore, the custodial sentence of the appellants may be suspended and they may be released on bail.
Learned Panel Lawyer has opposed the prayer for bail.
Although 11 injuries have been caused by the appellants to one victim. From medical report and enquiry report, it appears that there is specific report regarding the grievous injury. As per Doctor opinion, injuries comes under the purview of grievous injuries. After perusal of record, it appears that there was an old enmity between the parties. A counter case was also registered against the complainant party vide Crime No.177/2015 registered under Sections 294, 324, 506 of the I.P.C.
Looking to the facts and circumstances of the case, I deem it to be a fit case to suspend the custodial sentence of the appellants and to release them on bail, therefore, without commenting on the merit, this application is allowed.
I t is directed that subject to depositing the fine amount, if not already deposited and on furnishing a personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand only) each with one surety each in the like amount to the satisfaction of the trial Court concerned, the custodial sentence of appellants Sukhdeen Sahu, Gulab Bai, Ranjeet Sahu and Chandan Tiwari shall remain suspended and they shall be released on bail for securing their presence before the trial Court concerned on 26.09.2022 and on such other dates as may be fixed in this regard during pendency of this appeal.
The appellants shall regularly appear before the trial Court concerned on each and every date, without fail.
List for final hearing in due course.