Prakash Toppo vs State Of Chhattisgarh
2021 Latest Caselaw 475 Chatt

                              HIGH COURT OF CHHATTISGARH, BILASPUR
                                             Order Sheet
                                        CRA No. 435 of 2018
   1. Prakash Toppo S/o Remis Toppo, aged about 25 years R/o Kiling, Police Station & District
      Jashpur (C.G.).

   2. Rajesh Ram S/o Nunoo Ram, aged about 30 years R/o Sakwa, P.S. Pipra, District Supol
      (Bihar), at present A-64, Jamrudpur, G.R.I. S/E, New Delhi

                                                                                     ---- Appellants

                                               Versus

       State Of Chhattisgarh Through the Station House Officer, Police Station Jashpur, District
       Jashpur (C.G.)

                                                                                    ----Respondent

22/06/2021 Mr. Sanjeev Kumar Sahu, counsel for the appellants.

Mr. Gagan Tiwari, Govt. Advocate for the State.

Heard on I.A. No.01/2020 repeat bail application for suspension of sentence and

grant of bail.

The Appellants have been convicted by the judgment dated 09/02/2018, passed in

Sessions Trial No. 52/2017 by the Sessions Judge, Jashpur, District Jashpur (C.G.) for

offence punishable under section 370/34 of the Indian Penal Code and have been awarded

R.I. for 7-7 years each and fine of Rs.1,00,000/- and in default of payment of fine, to

undergo additional R.I. for 6 months.

Learned Counsel for the appellants submits that the appellants are in jail since

23/05/2017, thereby they have completed more than half of the jail sentence and hearing of

the appeal may take some time, therefore appellants may be released on bail.

Learned State Counsel do not dispute the fact that appellants have suffered more than half of the jail sentence.

Considering the fact that the appellants have suffered more than half of the jail

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

appellants on bail.

Accordingly, I.A. No.01/2020 repeat bail application for suspension of sentence and

grant of bail is allowed.

Execution of further substantive jail sentence imposed on the appellants shall remain

suspended during the pendency of this appeal and they are directed to be released on bail on

each of them executing personal bond for a sum Rs.25,000/- with one surety each for the like

sum to the satisfaction of the trial court for their appearance before the Registry of this Court

on 24/08/2021. They 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 them by the said Court, till the disposal of this appeal.

Sd/-

(Goutam Bhaduri) Judge

rahul