Dev Kumar Nayak vs State Of Chhattisgarh
2021 Latest Caselaw 115 Chatt

                   HIGH COURT OF CHHATTISGARH, BILASPUR
                                       Order Sheet
                                  CRA No. 93 of 2018

      Dev Kumar Nayak, Aged About 21 Years, S/o Ganesh Ram Nayak, Resident
      Of Village Nagabuda, P.S. Gariyaband District : Gariyabandh, Chhattisgarh

                                                                        ---- Appellant

                                           Versus

      State Of Chhattisgarh, Through Police Station Gariyaband, District :
      Gariyabandh, Chhattisgarh

                                                                      ----Respondent

17/05/2021 Shri Mohd. Afroj, counsel for the appellant.

Shri Gagan Tiwari, Dy.G.A. for the State. Heard on I.A. No.02/2018 bail application for suspension of sentence

and grant of bail.

Appellant has been convicted by the judgment dated 24/06/2017

passed in Session Case No.02/2016 passed by the Additional Sessions

Judge, Gariyaband (C.G.) in the following manner with a direction to run all

the sentences concurrently:-

U/s 363 of IPC : RI for 3 years and fine of Rs.500/-, in default of payment of fine, to undergo further RI for 2 months.

U/s 366 of IPC : RI for 5 years and fine of Rs.500/-, in default of payment of fine, to undergo further RI for 2 months.

U/s 376(2) (N) of IPC RI for 10 years and fine of Rs.500/-, in default of payment of fine, to undergo further RI for 2 months.

U/s 6 of the POCSO RI for 10 years and fine of Rs.500/-, in Act default of payment of fine, to undergo further RI for 2 months.

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

since 26/11/2015 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.

Considering the fact that the appellant is in jail since 26/11/2015 and

he has suffered more than 50% 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.02/2018 bail 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 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 2nd August, 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.

In view of the above, I.A. No.01/2021 application for urgent hearing and I.A. No.02/2021 application for hearing the case during summer

vacation stand disposed of. Sd/-

(Goutam Bhaduri)

Vacation Judge

gouri