Chattisgarh High Court
Ajay @ Raj @ Kheer Sindhu vs State Of Chhattisgarh on 14 July, 2021
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
Cr.A. No.1864 of 2018
• Ajay @ Raj @ Kheer Sindhu S/o Moti Chauhan Aged About 27 Years R/o
Village Bodomunda, P. S. Kantabhaji, District Balangir Orissa Presently R/o
Bharat Nagar, Gudhiyaari, P. S. Gudhiyaari, District Raipur Chhattisgarh
--- Appellant
Versus
• State Of Chhattisgarh Through The Police Station Purani Basti, Raipur
District Raipur Chhattisgarh
---Respondent
14/07/2021 Mr. Pawan Shrivastava, counsel for the appellant.
Mr. Alok Nigam, G.A. for the State.
Heard on I.A. No.01/2021, an application for suspension of
sentence and grant of bail.
This is second bail application filed for suspension of sentence
and grant of bail to the applicant. The earlier application was dismissed
on merits on 06.02.2019.
Appellant has been convicted by the judgment of conviction and
order of sentence dated 04.10.2018, passed in Special Criminal Case
No.137/2016, by the VII Additional Sessions Judge, Raipur, (C.G.) with a
direction to run all the sentences concurrently in the following manner :-
Conviction Sentence
U/s. 363 of Indian Penal Code. R.I. for 02 years and fine of
Rs.500/- and in default of payment
of fine, additional R.I. for 01 month.
U/s. 366 of Indian Penal Code. R.I. for 03 years and fine of
Rs.1,000/- and in default of
payment of fine, additional R.I. for
02 months.
U/s. 06 of POCSO Act, 2012 R.I. for 10 years and fine of
Rs.5,000/- and in default of
payment of fine, R.I. for 03 months.
Learned counsel for the applicant submits that the conviction
against the appellant is erroneous and against the provisions of law. The
appellant has now undergone more than half of the jail sentence and
there is no likelihood of this appeal being taken up for final hearing in the
near future. Hence, it is prayed that this appellant may be granted bail.
Learned State counsel opposes the submissions and submits that
the application for suspension was already dismissed on merits.
Therefore, there is no reason for grant of bail to the appellant.
I have heard the learned counsel for the parties and perused the
record of the trial Court.
Considered on the submissions. On merits, this case was found
to be good for grant of bail to the appellant. However, other
circumstances that have been brought forth is this that the appellant has
undergone more than half of the maximum jail sentence imposed upon
which is of 10 years rigorous imprisonment. As it appears that there is
likelihood of delay for final hearing of this appeal, hence, for these
reasons, I feel inclined to allow this application.
Accordingly, I.A. No.01/2021, application for suspension of
sentence and grant of bail, is allowed.
Execution of 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 28th of September, 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.
Certified copy as per rules.
Sd/-
(Rajendra Chandra Singh Samant)
Judge
Monika
