Monu Kumar Kol vs The State Of Chhattisgarh
2021 Latest Caselaw 3238 Chatt

                  HIGH COURT OF CHHATTISGARH, BILASPUR
                                     Order Sheet
                                  CRA No. 491 of 2017
     Monu Kumar Kol, S/o. Magan Ram Kol, Aged About 18 Years, R/o. Kathoutiya
     School Para, Police Station Manendragarh, Civil And Revenue District Koriya,
     Chhattisgarh.
                                                                        ---- Appellant
                                        Versus
     The State Of Chhattisgarh, Through The Police Station Manendragarh, Civil
     And Revenue District Koriya, Chhattisgarh.
                                                              ----Respondent

18.11.2021 Mr. Punit Ruparel, Advocate for the Appellant.

Mr. Sunil Otwani, Addl. A.G. for the State.

Heard on I.A.No.1, application for suspension of sentence and

grant of bail.

Appellant has been convicted by the judgment dated 13.02.2017

passed by the learned Court below in Special Sessions Trial No.34/2014

in the following manner with a direction to run all the sentences

concurrently.

Conviction Sentence

U/s. 6 of Protection of : R.I. for 10 years & fine of Rs.500/-, in Children from Sexual default of payment of fine, 6 months Offences Act, 2012 additional R.I.

U/s. 450 of Indian Penal : R.I. for 5 years & fine of Rs.500/-, in Code. default of payment of fine, 6 months additional R.I.

Learned counsel for the appellant submits that the appellant is in

jail since 15.09.2014, he has already suffered more than half of the jail sentence i.e. 7 ½ years out of 10 years of imprisonment and the appeal

will take some time for hearing, therefore, he may be released on bail.

Per contra, learned State counsel opposes the prayer for

suspension of sentence and grant of bail.

Considering the fact that the appellant has suffered 7 ½ years i.e.

more than half of the jail sentence as he is in jail since 15.09.2014 and

the appeal will take some time for hearing, I am inclined to suspend the

sentence and release the appellant on bail. Accordingly, I.A.No.1,

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 20th 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

Ashok