Chattisgarh High Court
Shiv Prasad Rajwade vs State Of Chhattisgarh on 24 May, 2021
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
CRA No. 24 of 2021
• Shiv Prasad Rajwade s/o. Budhan ram Rajwade, aged about 33
years, r/o. Village Pasla Police Station and District Surajpur (CG).
---- Appellant
Versus
• State of Chhattisgarh Through the Police Station, Surajpur, District
Surajpur Chhattisgarh
---- Respondent
24-05-2021 Mr. H.A.P.S. Bhatia, counsel for the appellant.
Mr. Vimlesh Bajpai, Govt. Advocate for the State.
Heard on I.A.No. 1 of 2021, which is an application for
suspension of sentence and grant of bail to appellant.
Appellant stands convicted under Sections 341 and 354-A(i)(ii)
of IPC and Sections 8 and 12 of Protection of Children from Sexual
Offences Act, 2012 and sentenced to undergo SI for one month and
fine of Rs.100/-, RI for three years and fine of Rs.100/-, RI for three
years and fine of Rs.100/- (on two counts) with usual default
stipulations vide judgment dated 3-12-2020 passed by the Additional
Sessions Judge (FTC), Surajpur, District Surajpur (CG) in Special
Sessions Case No. 22 of 2019.
Learned counsel for the appellant submits that the appellant
has been sentenced to undergo three years for the said offences and
out of three years of jail senence he has already completed more
than two years of jail sentence and the appeal will take some time for
hearing on merits, therefore, the substantive jail sentence imposed
upon appellant may be suspended and he may be released on bail.
Learned State counsel does not dispute the fact that the
appellant has suffered more than half of the jail sentence.
Considering the fact that the appellant has suffered more than
two years of jail sentence out of three years which is evident from the
record (from 3-11-2014 to 25-11-2014, from 19-1-2018 to 24-2-2018,
from 6-3-2019 to 29-5-2018 and from 8-11-20-19 to 3-12-2020 and
hearing of the appeal will take some time, therefore, I am inclined to
suspend the sentence and release the appellant on bail.
According, I.A.No. 1 of 2021, application for suspension of
sentence and grant of bail is allowed and it is directed that 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 trial Court for his appearance before
the Registry of this Court on 23-8-2021. 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 2 of 2021, application for hearing
during summer vacation and I.A.No. 3 of 2021, application for urgent
hearing stand disposed of.
Sd/-
(Narendra Kumar Vyas)
Vacation Judge
Raju
