Dularam Sahu vs State Of Chhattisgarh
2021 Latest Caselaw 3237 Chatt

                  HIGH COURT OF CHHATTISGARH, BILASPUR
                                       Order Sheet
                                 CRA No. 1487 of 2016
    • Dularam Sahu S/o Banauram Sahu Aged About 40 Years R/o Village
      Dudhwara, Police Station Magarlod, District Dhamtari, Chhattisgarh


                                                                         ---- Appellant
                                          Versus

    • State Of Chhattisgarh Through The Police Station, Magarlod, District
      Dhamtari, Chhattisgarh.

                                                                       ---- Respondent

18/11/2021 Shri Atanu Ghosh, counsel for the appellant.

Shri Sudeep Verma, Dy. G.A. for the State.

Heard on I.A. No. 01/2019 i.e. second application under Section 389

of DRPC for suspension of sentence.

Appellant has been convicted by the judgment dated 30/09/2016

passed in Special Criminal Case No. 26/2016 passed by the Court below in

the following manner with a direction to run all the sentences concurrently:-

              U/s 6 of POCSO Act, :        RI for 10 years and fine of Rs.2,000/- and
              2012                         in default of payment of fine amount
                                           further R.I. for 6 months additional

              U/s 506 of IPC          :    RI for 1 year

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

since 03/04/2016 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, however,

he do not dispute the fact that the appellant has already suffered more than

half of the jail sentence.

Considering the fact that the appellant is in jail since 03/04/2016 and

he has suffered more than 50% of the jail sentence and hearing of the appeal

will take some time, I am inclined to release the appellant on bail.

Accordingly, I.A. No. 01/2019 application for suspension of sentence 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 of 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 20 th January, 2022. 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.

Sd/-

(Goutam Bhaduri) Judge

Jyoti