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Judgment
Sanjay Kumar Dwivedi, J
This petition has been filed for quashing of the order dated 29.09.2022 passed by the learned Sessions Judge, Latehar, in Criminal Appeal No.41 of 2022, by which the prayer for bail during pendency of the Cr. Appeal No.41 of 2022 has been rejected by the learned court, pending in the court of learned Sessions Judge, Latehar.
The learned counsel appearing for the petitioner submits that the learned trial court has convicted the petitioner to undergo imprisonment for one year and six months for the offence under section 354(D) of the IPC; under section 385 IPC for one year; and under section 67 of the I.T.Act sentenced for one year and the direction was there that all the sentence will run concurrently. He further submits that the petitioner is already in jail custody since 01.07.2021 and he has gone imprisonment for more than one year and five months.
Mrs. Vandana Bharti, the learned counsel appearing on behalf of the respondent State submits that it appears that the petitioner is about to complete the sentence.
In view of the above facts and considering that the petitioner has already remained in custody since 01.07.2021 and is languishing in jail and has already spent one year and five months and the sentence is for one year six months only.
Having regard to such facts, this Court is inclined to suspend the sentence of the petitioner, and accordingly, the petitioner is directed to be released on bail, on furnishing bail bond of Rs.25,000/-(Twenty Five Thousand) with two sureties of the like amount each, to the satisfaction of the learned Sessions Judge, Latehar, in connection with Criminal Appeal No.41 of 2022 arising out of Latehar P.S.Case No.145 of 2021, G.R.No.636 of 2021.
This Cr.M.P. stands disposed of.