Research › Search › Judgment

Chhattisgarh High Court · body

2003 DIGILAW 7 (CHH)

BHUPAL SAHU v. STATE OF MADHYA PRADESH

2003-01-23

K.H.N.KURANGA, L.C.BHADOO

body2003
K. H. N. KURANGA, CJ. ( 1 ) LEARNED counsel for the appellant submits that she has filed an application for suspension of sentence and grant of bail on behalf of the appellant No. 1 Bhupal Sahu which is numbered as M (Cr.) P. No. 239/2000. Heard both the counsel on the above application. ( 2 ) THIS appeal was filed by three persons including the appellant Bhupal Sahu. They have been convicted by the Additional Sessions Judge, Sakti (Bilaspur) for commission of the offence punishable under Section 302 read with 34 and 201 of the I. P. C. and have been sentenced to suffer life imprisonment with fine of Rs. 500/- each and one years R. I. with fine of Rs. 250/- each, in default of payment of fine amount 3 months and 1 months R. I. respectively. ( 3 ) IT is submitted that the other two appellants namely Chhedram Sahu (appellant No. 2) and Smt. Kartikmati (appellant No. 3) have been released on bail vide order dated 6/5/1998 passed in this appeal on the ground of old age. Now this application has been filed by Bhupal Sahu mainly on the ground that there is a delay in disposal of the appeal. It is mentioned in the application that the appellant Bhupal Sahu in Jail since 3/9/1996, which is not disputed by the counsel for the State. Thus the appellant has completed more than 6 years jail sentence. Learned counsel for the appellant relied upon a decision Akhtari Bi v. State of M. P. , and submits that this appeal may take some time for final disposal and other two appellants have already been released on bail therefore the present appellant No. 1 Bhupal Sahu may be released on bail. ( 4 ) HAVING regard to these facts we are of the opinion that it is a fit case to admit the appellant to bail. Accordingly the application M. (Cr.) P. No. 239 of 2000 is allowed. The execution of the sentence of imprisonment imposed on the appellant No. 1 Bhupal Sahu shall remain suspended and he is directed to be released on bail on his executing a bond in a sum of Rs. 5,000. 00 with two sureties of the like sum to the satisfaction of the trial Court for his appe-arance before the Registry of this Court on 27-3-2003. 5,000. 00 with two sureties of the like sum to the satisfaction of the trial Court for his appe-arance before the Registry of this Court on 27-3-2003. He shall thereafter appear before the trial Court on a date to be fixed by the Registry of this Court and shall thereafter continue to appear before the trial Court on all such other subsequent dates as are given to him by the said Court till the disposal of this appeal. In view of the above order M. (Cr.) P. No. 239 of 2000 and I. A. No. 3874/2000 stand disposed of. Parties are entitled for certified of this order. Petition allowed. --- *** --- .