1
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
Criminal Appeal No. 1616 of 2021
Sanjay Kumar Sori S/o Late Samu Ram Sori, Aged about 37 years, R/o New G.A.D.
Colony Behind Kali Mandir, Dantewada, P.S. Dantewada, District Dantewada (C.G.)
----- Appellant s
versus
State of Chhattisgarh, Through District Magistrate Sukma, P.S. Sukma, District
Sukma (C.G.)
----- Respondent
20/04/2022 Shri P.R. Patankar, Advocate for the appellant.
Shri Raghvendra Verma, Government Advocate for the State. Heard on I.A. No. 01 of 2021, application under Section 389 of Cr.P.C. for suspension of sentence and grant of bail to appellant.
By the impugned judgment dated 01.12.2021 passed by the Additional Sessions Judge (FTC), Dantewada, District Dantewada (C.G.) in Sessions Trial No. 287/2016, the appellant stands convicted and sentenced as under:
Conviction Sentences
Under Section 376 of IPC R.I. for ten years and fine of
Rs.2,000/-, in default of payment
of fine to further undergo R.I. for
three months
Under Section 494 of IPC R.I. for five years and fine of
Rs.500/-, in default of payment
of fine to further undergo R.I. for
one month
Both the sentences to run concurrently
Considering the material available on record, particularly considering the
deposition of the prosecutrix (PW-2) and the fact that the prosecutrix and the appellant both were acquainted with each other from the year 2010 to 2016, F.I.R. was lodged in the year 2016, detention period of the appellant, during trial he was on bail & did not misuse the liberty, and disposal of this appeal is likely to take some time, without further commenting on merit, I am of the opinion that present 2 is a fit case to suspend the jail sentence imposed upon the appellant and to release him on bail.
Accordingly, the application (I.A. No. 01 of 2021) is allowed. It is directed that the execution of substantive jail sentence imposed upon appellant shall remain suspended during the pendency of this appeal and he shall be released on bail on his furnishing a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the trial Court. He shall appear before the Registry of this Court on 20th June, 2022 and thereafter shall appear before the trial Court on a date to be given by the Registry and shall continue to appear there on all such dates as are given to him by the said Court till disposal of this appeal.
Certified copy as per rules.
List this appeal for final hearing in due course. In view of the above, I.A. No. 2/2022 stands disposed of.
Sd/-
(Gautam Chourdiya) Judge vatti