Rajesh Thapa vs State Of Chhattisgarh
2021 Latest Caselaw 2109 Chatt

                    HIGH COURT OF CHHATTISGARH, BILASPUR

                                    CRA No. 1445 of 2016
 Rajesh Thapa S/o Balbahadur Thapa Aged About 38 Years R/o Burla, Police Station Burla,
  District Sambalpur, Orissa.
                                                                                  ---- Appellant
                                          Versus
 State Of Chhattisgarh Through Station House Officer, Police Station Purani Bhilai, District
  Durg, Chhattisgarh.
                                                                               ---- Respondent

02.09.2021 Ms. Itu Rani Mukherjee, Advocate for the appellant.

Shri Gagan Tiwari, Dy. GA for the State.

Heard on I.A. No.01/20, which is an application for suspension of

sentence and grant of bail (Repeat Bail Application).

The appellant stands convicted under Sections 395 read with

Section 397 & Section 342 of the I.P.C. and sentenced to undergo R.I. for

10 years & R.I. for 1 years (four times), respectively, and to pay fine of

Rs.10,000/- for the offence punishable under Section 395 read with

Section 397 of the I.P.C., with usual default stipulation vide judgment

dated 08.09.2016, passed by the First Additional Sessions Judge, Durg in

S.T. No.52/2015.

Learned counsel for the appellant would submit that maximum

sentence awarded to the appellant is R.I. for 10 years and the appellant

is in jail since 11th of April, 2015 as such the appellant has completed

more than half of the jail sentence. She further submits that the appeal is of the year 2016 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 the appellant is in jail since 11th of April,

2015 as such he has suffered more than 50% of the jail sentence and the

hearing of the appeal may take time as it is of the year 2016, I am

inclined to suspend the sentence and release the appellant on bail.

Accordingly, I.A.No.1/2020 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 22nd of November, 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.

Sd/-

a   s h u                                   Goutam Bhaduri
                                                Judge