Chattisgarh High Court
Md. Hasmi vs State Of Chhattisgarh on 7 June, 2024
HIGH COURT OF CHHATTISGARH, BILASPUR
ORDER SHEET
CRA No.949 of 2024
1 - Md. Hasmi W/o Md. Abdul Naim Aged About 24 Years, R/o Magarpara, Near Marimai
Mandir, Police Station Civil Lines, Bilaspur, District : Bilaspur, Chhattisgarh.
----Appellant
Versus
1 - State of Chhattisgarh, Through The Station House Officer, Police Station- Sarkanda,
Bilaspur, District : Bilaspur, Chhattisgarh.
----Respondent
07.06.2024 Shri Ishan Verma, Advocate for the appellant.
Shri Ashish Shukla, Addl. Advocate General for the State. Heard.
Admit.
Call for the records of the trial court.
Heard on I.A. No.1 of 2024, which is an application for suspension of sentence and grant of bail to the appellant.
The appellant stands convicted and sentenced to undergo R.I. for 1 year u/s 384 IPC, RI for 3 years with fine of Rs.3000/- u/s 420 IPC and RI for 2 years and fine of Rs.2000/- u/s 6 of the Tonahi Pratadna Nivaran Act, 2005, with default stipulations, as ordered on 15.03.2024 by the Special Judge (Scheduled Caste, Scheduled Tribe, Prevention of Atrocities Act, 1989) Bilaspur in Special Criminal Case (Atrocities) No.09/2019.
Learned counsel for the appellant submits that total sentence awarded to the appellant is only three years. After conviction and sentence, the appellant has been released on bail. During trial he was on bail and has not misused the liberty. The appeal is of the year 2024 and will take its own time for final hearing and therefore, the appellant may be released on bail.
On the other hand, the counsel for the State opposes the prayer made by the counsel for the appellant.
Having heard the counsel for the parties and taking into consideration the short period of sentence; the fact that the appellant was on bail during trial and also after his conviction he has been released on bail by the trial court and also considering the fact that appeal is of the year, 2024 and there is no likelihood of early final hearing of the appeal, this Court is of the opinion that it is a fit case, in which substantive jail sentence imposed on the appellant can be suspended and he can be enlarged on bail. Accordingly, I.A. No. 1 is allowed.
It is directed that substantive jail sentence imposed on the accused/appellant shall remain suspended during pendency of this criminal appeal and he shall be released on bail on his furnishing a personal bond in the sum of 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 29.07.2024 and thereafter before the concerned trial Court on a date to be fixed by the Registry and thereafter on all such subsequent dates as would be given by that Court till final disposal of this appeal.
List it for final hearing in due course.
Accordingly, IA Nos. 2&3 of 2024 stand disposed of.
Certified copy as per rules.
Sd/-
(Ravindra Kumar Agrawal) Judge Inder