Manoj Singh Rajput vs State Of Chhattisgarh
2021 Latest Caselaw 2029 Chatt

              HIGH COURT OF CHHATTISGARH, BILASPUR

                                     Order Sheet
                               CRA No. 729 of 2018

 • Manoj Singh Rajput S/o Shiv Kumar Rajput Aged About 31 Years R/o Nipaniya, P. S.
   Lalpur, District Mungeli Chhattisgarh, District : Mungeli, Chhattisgarh

                                                                      ---- Appellant (In Jail)

                                         Versus

 • State Of Chhattisgarh Through The P. S. Mungeli, District Mungeli Chhattisgarh,

                                                                             ---- Respondent

26.08.2021 Mr. R.R. Soni, Counsel for the appellant.

Mr. Ravi Bhagat, Dy. G.A. for the State.

Heard on I.A. No. 01/2021, which is the application for suspension of

sentence and grant of bail (Repeat Bail).

The appellant has been convicted by the judgment/ order dated

24.10.2017 (Annexure A-1) passed by the learned Special Additional Sessions

Judge, Mungeli (C.G.) in Criminal Case No.54/2015 for the offence punishable

under Sections 363, 366 & 376(2)(p½¼>½ of IPC and sentenced to undergo R.I.

for 5 years, R.I. for 5 years & R.I. for 10 years with fine sentences of Rs.

5,000/-, Rs.5,000/- & Rs.10,000/- respectively with further default stipulations.

Learned counsel for the appellant would submit that the maximum

sentence awarded to the appellant is R.I. for 10 years. The appellant is in jail

since 15.09.2015 and five years ten months have been passed, thereby he has

already undergone/ suffered more than 50% of the jail sentence. He further

submits that the appeal is of the year 2018 and the hearing of the appeal may

take some time, therefore, the substantive jail sentence imposed upon the

appellant may be suspended and he may be released on bail.

Learned State counsel opposes the application for grant of bail.

Perused the statement of the victim PW-9 and the Doctor PW-13.

Considering the statement of Doctor, the fact that by now the appellant has

suffered more than 50% of the jail sentence awarded to him as also the fact

that the appeal is of the year 2018 and hearing on merits will likely to take time,

I am inclined to suspend the sentence and release the appellant on bail.

Accordingly, I.A. No.01/2021 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 of Rs.25,000/- with one surety for the like sum to the

satisfaction of the concerned Trial Court for his appearance before the Registry

of this Court on 20th October, 2021. He shall thereafter appear before the

concerned 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

Vishakha