Tikam @ Tikeshwar Markande vs State Of Chhattisgarh
2021 Latest Caselaw 3729 Chatt

                     HIGH COURT OF CHHATTISGARH, BILASPUR

                                        Order Sheet

                                   CRA No. 596 of 2017
 Tikam @ Tikeshwar Markande S/o Premlal Markande, Aged About 20 Years Cast Satnami,
  R/o Jeejamgaon, Police Chowki Birjher, Police Station Kurud, District Dhamtari, Chhattisgarh
                                                                                  ---- Appellant
                                         Versus
 State Of Chhattisgarh Through Station House Officer, Police Of Police Station Kurud Police
  Chowki Birjher, District Dhamtari, Chhattisgarh
                                                                            ---- Respondent

15/12/2021 Shri Sanjeev Sahu, Counsel for the appellant.

Shri Raghvendra Verma, GA for the State.

Heard on I.A. No.1/2021, which is an application for suspension of

sentence and grant of bail (repeat bail application).

The appellant stands convicted by the judgment dated 23.03.2017

passed by the Court of Additional Sessions Judge (F.T.C.), Dhamtari,

District Dhamtari in Special Criminal Case No.96/2016 for the offence

punishable under Sections 376, 506 (B) of IPC and Section 6 of the

Protection of Children from Sexual Offences Act, 2012 and sentenced to

undergo R.I. for 10 years and 1 Year, respectively, and to pay a fine of

Rs.2,000/-, with usual default stipulation.

Learned Counsel for the appellant submits that the appellant is in

jail since 21.08.2016 and the maximum sentence awarded to the appellant

is R.I. for 10 years, thereby he has completed more than half of the jail

sentence and hearing of the appeal may take some time as the appeal is

of the year 2017, therefore the substantive jail sentence imposed upon the appellant may be suspended and he may be released on bail.

Learned State Counsel do not dispute the fact that appellant has

suffered more than half of the jail sentence.

Considering the fact that the appellant is in jail since 21.08.2016

and the maximum sentence awarded to the appellant is R.I. for 10 years,

thereby he has completed more than half of the jail sentence and hearing

of the appeal will take some time, therefore I am inclined to release the

appellant on bail.

Accordingly, I.A.No.1/2021 application for suspension of sentence

and grant of bail is allowed.

Execution of further substantive jail sentence imposed on the

appellant shall remain suspended during the pendency of this appeal and

he is directed to be released on bail on his executing 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

21/01/2022. 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 ashu