Rambharosh Chauhan vs State Of Chhattisgarh
2021 Latest Caselaw 130 Chatt

                HIGH COURT OF CHHATTISGARH, BILASPUR

                                      Order Sheet

                                CRA No. 396 of 2018

   • Rambharosh Chauhan S/o Late Bholaram Chauhan Aged About 20 Years R/o
     Malidipa Boirdadar, P. S. Chakradharnagar, District Raigarh Chhattisgarh

                                                                            ---- Appellant

                                           Versus

   • State Of Chhattisgarh Through The Station House Officer, Police Station
     Chakradharnagar, District Raigarh Chhattisgarh,

                                                                          ---- Respondent

19.05.2021 Mr. Manoj Kumar Jaiswal, Counsel for the appellant.

Dr. Veena Nair, Dy. A.G. for the State.

Heard on I.A. No. 01/2021, which is the application for suspension of sentence and grant of bail.

The appellant has been convicted by the judgment/ order dated 02.02.2018 passed by the learned Additional District Sessions Judge Incharge (F.T.C.) Raigarh Distt. Raigarh (C.G.) in Special Criminal Case No. 29/2016 under the POCSO Act for the offences punishable under Section 363 of IPC and Section 6 of the Protection of Children from Sexual Offences Act 2012 and sentenced to undergo R.I. for 3 years & R.I. for 10 years with fine of Rs. 1,000/- & Rs. 2,000/- respectively with usual 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 22.03.2016 thereby he has already undergone/ suffered more than 50% of the jail sentence. He further submits that the appeal is of the year 2018 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 more than half of the jail sentence.

Considering the fact that by now the appellant has suffered more than 50% of the jail sentence awarded to him as also the fact that the appeal is of the year 2018 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.01/2021 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 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 5th October, 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.

Accordingly, I.A. No. 02/2021 application for hearing during summer vacation & I.A. No. 03/2021, application for urgent hearing stands disposed off.

           [ending second application for                    sd/-

                                                       (Goutam Bhaduri)
                                                       Vacation Judge


Vishakha