Rajesh Panika vs State Of Chhattisgarh
2021 Latest Caselaw 1754 Chatt

               HIGH COURT OF CHHATTISGARH, BILASPUR
                                   Order Sheet
                              CRA No. 721 of 2017
  • Rajesh Panika S/o Puransai Panika, Aged About 25 Years R/o Village
    Navadeeh, Police Station Chando, District Balrampur, Chhattisgarh.

                                                                        ---- Applicant

                                      Versus

  • State Of Chhattisgarh Through Aarakshi Kendra Patna, District Korea,
    Chhattisgarh.


                                                                    ----Respondent

12.08.2021 Shri Vikash A. Shrivastava, Advocate for the Appellant.

Shri Ashish Tiwari, Govt. Advocate for the State.

Heard on I.A.No.1/21, application for suspension of sentence and

grant of bail.

Appellant has been convicted by the judgment dated 30.01.2017

passed by the learned Court below in Special Sessions Trial No.

34/2015 in the following manner with a direction to run the sentences

concurrently.

                     Conviction                            Sentence

             U/s. 363 of I.P.C.           : 7 years R.I. and a fine of 500/- in
                                            default of payment of fine 6 month R.I.

             U/s. 366 of I.P.C.           : 10 years R.I. and a fine of 500/- in
                                            default of payment of fine 6 month R.I.

             U/s. 6 of POCSO              : 10 years R.I. and a fine of 500/- In
                                            default of payment of fine 6 months
                                            R.I.

Learned counsel for the appellant submits that the appellant is in jail since 23.05.2015, he has suffered more than half of the jail sentence

and the appeal will take some time for hearing, therefore, he may be

released on bail.

Per contra, learned State counsel opposes the prayer for

suspension of sentence and grant of bail, however, he do not dispute

the fact that the appellant has already suffered more than half of the jail

sentence.

Considering the fact that the appellant has suffered more than

half of the jail sentence as he is in jail since 23.05.2015 and the appeal

will take some time for hearing, I am inclined to suspend the sentence

and release the appellant on bail. Accordingly, I.A.No.1, application for

suspension of sentence and grant of bail is allowed.

Execution of further substantive jail sentence imposed on

appellant shall remain suspended and he is directed to be released on

bail on his executing a personal bond for a sum Rs.25,000/- with one

surety for the like sum to the satisfaction of the Trial Court for his

appearance before the Registry of this Court on 21 th October, 2021. He

shall thereafter appear before the Trial Court on a date to be given by

the Registry of this Court and shall continue to appear there on all such

subsequent dates as are given to him by the said Court, till the disposal

of this appeal.

Sd/-

(Goutam Bhaduri) Judge Jyoti