The High Court directed the trial court to conclude the pending criminal appeal within three months and released the petitioner on bail in terms of a personal bond pending decision.
Release on bail by executing a personal bond of Rs.10,000 with one surety and directing the Sessions Judge to conclude the appeal within three months.
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HIGH COURT OF CHHATTISGARH, BILASPUR
Cr.M.P. No.456 of 2017
Laxman Satnami, aged about 46 years, son of Shri Ramlal Satnami, resident of Village Somaikala, Police Station Saja, District Bemetara (CG).
Petitioner
VERSUS
State of Chhattisgarh, through the Station House Officer, Police Station Saja, District Bemetara (CG).
---- Respondent
For Petitioner : Mr. Pradeep Singh Rathore, Advocate For State : Mr. Gary Mukhopadhyay, Dy.G.A.
Hon'ble Shri Justice Sanjay K. Agrawal Order On Board
10/04/2017
(4) Mr. Gary Mukhopadhyay, Dy.G.A. accepts notice on behalf of the State/respondent.
(6) By the impugned order dated 30.03.2017 passed by the learned Sessions Judge, Bemetara in Criminal Appeal No.29/2017, petitioner has been convicted for offence under Section 34(2) of Chhattisgarh Excise Act and sentenced to undergo rigorous imprisonment for one year and fine of Rs.25,000/- with default stipulations.
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(7) Learned counsel appearing for the petitioner submits that the petitioner' application for suspension of sentence and grant of bail has been rejected by the appellate Court vide impugned order dated 30.03.2017. He further submits that he is in jail since 05.06.2016 and sentence is likely to be completed.
(8) I have heard learned counsel for the parties and perused the impugned order.
(9) Taking into consideration the fact that the petitioner is in jail since 05.06.2016 and he has already undergone 10 months of sentence. The Sessions Judge, Bemetara is directed to conclude and decide the appeal preferably within a period of three months from the date of receipt of copy of this order.
(10) In the meanwhile, petitioner/accused is directed to be released on bail on his executing a personal bond in the sum of Rs.10,000/with one surety in the like sum to the satisfaction of the trial Court. He 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.
(11) With the aforesaid direction, this petition is finally disposed of.
Sd/-
(Sanjay K. Agrawal) Judge
L/-
1 issue framed by the court
Whether the petitioner, who is serving the remaining portion of a one-year sentence, be released on bail while the criminal appeal is pending.
1 provisions across 1 enactments
Laxman Satnami
State of Chhattisgarh
Sanjay K. Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
