Pukesh Kumar Halba vs State Of Chhattisgarh
2021 Latest Caselaw 1211 Chatt

              HIGH COURT OF CHHATTISGARH, BILASPUR

                                      Order Sheet
                                 CRA No. 1586 of 2016

 • Pukesh Kumar Halba S/o Vasudev Halba, Aged About 21 Years R/o Village
   Batanharra, Post Office And Police Station Nagri, District Dhamtari, Chhattisgarh.

                                                                      ---- Appellant (In Jail)

                                          Versus

 • State Of Chhattisgarh Through The District Magistrate, Dhamtari, District Dhamtari,
   Chhattisgarh                                                      ---- Respondent

16.07.2021 Mr. Shivendu Pandya, Counsel for the appellant.

Mr. Aditya Bhardwaj, P.L. for the State.

Heard on I.A. No. 01/2019, which is the application for suspension of

sentence and grant of bail during the pendency of appeal (Repeat Bail).

The appellant has been convicted by the judgment/ order dated

04.11.2016 passed by the learned Additional Sessions Judge (F.T.C.),

Dhamtari (C.G.) in Special Criminal Case No.35/2016 for the offence

punishable under Section 6 of Protection of Children from Sexual Offences Act

2012 and sentenced to undergo R.I. for 10 years with fine sentence of Rs.

2,000/- 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 and the appellant is in

jail since 04.06.2016, thereby he has already undergone/ suffered 50% of the

jail sentence. He further submits that the appeal is of the year 2016 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 do not dispute the fact that the appellant has completed half of the jail sentence.

Considering the fact that by now the appellant has suffered 50% of the

jail sentence awarded to him as also the fact that the appeal is of the year

2016 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.01/2019 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 28th September, 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