HARISINGH KANWAR @ HARI @ BANAU Vs. STATE OF CHHATTISGARH

JUDGEMENT

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

(2.) The appellant stands convicted by the judgment dated 30.03.2017 passed by the learned Sessions Judge, Korba in Sessions Trial No.33 of 2016 for the offence punishable u/s 307, 450 and 506 (2) of IPC and sentenced to undergo RI for 10 years, RI for 5 years and RI for 2 years respectively along-with fine sentences and further default stipulations Learned counsel for the appellant would submit that appellant is in jail since 14.02.2016 and by now more than 50% of the jail sentence has already been undergone 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 during the pendency of appeal.

(3.) Per contra, learned State Counsel opposes the prayer. However, he does not dispute the fact that appellant is in jail since 14.02.2016 Considering the fact that the maximum term of 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.