Krishna Kumar Singh vs State Of Chhattisgarh
2021 Latest Caselaw 2096 Chatt

                 HIGH COURT OF CHHATTISGARH, BILASPUR
                                     Order Sheet
                                  CRA No. 436 of 2017
    Krishna Kumar Singh, S/o. Rameshwar Singh, Aged About 21 Years, R/o.
    Gram Kalgassa, Police Station Darima, District Sarguja, Chhattisgarh.
                                                                         ---- Appellant
                                        Versus
    State Of Chhattisgarh, Through Police Station Darima, District Sarguja,
    Chhattisgarh.
                                                           ----Respondent

01.09.2021 Mr. Shakti Raj Sinha, Advocate for the Appellant.

Mr. Ravi Bhagat, Dy. Govt. Advocate for the State.

Heard on I.A.No.2, repeat application for suspension of sentence

and grant of bail.

Appellant has been convicted by the judgment dated 01.03.2017

passed by the learned Court below in Special Sessions Case (POCSO)

No.52/2016 in the following manner with a direction to run the sentences

concurrently.

Conviction Sentence

U/s. 363 of I.P.C. : R.I. for 5 years & fine of Rs.500/-, in default of payment of fine amount, further S.I. for 1 month.

U/s. 366 of I.P.C. : R.I. for 7 years & fine of Rs.500/-, in default of payment of fine amount, further S.I. for 1 month.

U/s. 376(2)(N) of I.P.C. : R.I. for 10 years & fine of Rs.500/-, in default of payment of fine amount, further S.I. for 1 month.

U/s. 5 (L) & 6 of Special : R.I. for 10 years & fine of Rs.500/-, in Act. default of payment of fine amount, further S.I. for 1 month.

Learned counsel for the appellant submits that the appellant is in

jail since 09.07.2016, he has suffered more than half of the jail sentence

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, 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 has suffered more than half

of the jail sentence as he is in jail since 09.07.2016 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.2, 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 27th October, 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.

Ashok Sd/-

(Goutam Bhaduri) Judge