Shankar Mandal vs State Of Chhattisgarh
2021 Latest Caselaw 3786 Chatt

                  HIGH COURT OF CHHATTISGARH, BILASPUR
                                       Order Sheet
                                  CRA No. 859 of 2017
     • Shankar Mandal Son Of Bhavendra Mandal, Aged About 26 Years R/o P. V.
       56, P. S. Pankhajur, District North Bastar Kanker Chhattisgarh.

                                                                          ---- Applicant

                                          Versus

     • State Of Chhattisgarh Through The Police Station Pankhajur, District North
       Bastar Kanker Chhattisgarh.

                                                                       ---- Respondent

17/12/2021 Shri N.K. Chatterjee, Counsel for the Appellant.

Shri Ajay Kumrani, P.L. for the State.

Heard on I.A. No.01/2021 i.e. application for suspension of sentence

and grant of bail.

Appellant has been convicted by the judgment dated 16/05/2017

passed in Special Sessions Case No. 03/2017 passed by the Court below in

the following manner with a direction to run all the sentences concurrently:-

              U/s 376 (2) (i) (n) of :     RI for 10 years and fine of Rs.1,000/- and
              IPC R/w Section 6 of         in default of payment of fine amount
              POCSO Act                    further R.I. of 3 months

Learned Counsel for the appellant submits that the appellant is in jail

since 09/11/2016 and he has suffered more than 50% of the jail sentence and

hearing of the appeal may take some time, therefore the appellant may be

released on bail.

Learned State Counsel opposes the prayer for 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 is in jail since 09/11/2016 and

he has suffered more than 50% of the jail sentence and hearing of the appeal

will take some time, I am inclined to 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 of sum of 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 20 th January, 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.

Accordingly I.A. No. 03/2021 and 04/2021 is disposed off.

Sd/-

(Goutam Bhaduri) Judge

Jyoti