Shivendra Goutam vs State Of Chhattisgarh
2022 Latest Caselaw 2126 Chatt

         HIGH COURT OF CHHATTISGARH, BILASPUR
                                Order Sheet
                             Cr.A No.372 of 2021
Shivendra Goutam, S/o Manharan Lal Goutam, Aged About 27 Years R/o Village
Jhapali, Police Station Baloda, District Janjgir Champa Chhattisgarh.
                                                            --- Appellant
                                    Versus
State Of Chhattisgarh Through Police Station Baloda, District Janjgir Champa
Chhattisgarh.                                                 ---- Respondent

04.04.2022 Shri Parag Kotecha, counsel for the Appellant.

Shri Sudir Sahu, PL for the State.

Heard on IA No.01/2022, an application for suspension of sentence and grant of bail.

Perused the statement of the prosecutrix (PW-2) and other evidence available on record.

The accused/Appellant has been convicted vide judgment of

conviction and order of sentence dated 27.02.2021 passed by the

Additional Sessions Judge, (FTC), Janjgir, District Janjgir-Champa in

Sessions Case No.28/2019 for the offence punishable under Sections

450 and 376 IPC and sentenced to undergo R.I for 5 years with fine of

Rs.1,000/- and to undergo RI for 10 years with fine of Rs.1,000/-

respectively with usual default stipulations.

Learned counsel for the accused/Appellant submits that prima

facie the Appellant has a very good case and there is every chance

to succeed, he is in jail since 21.04.2019, he has been awarded 10

years of maximum sentence out of which, he has already completed

four months and two days, he was on bail during trial and has not misused the liberty. He lastly submits that the Appeal is likely to take

considerable time for its final disposal, therefore, the present

Appellant may be enlarged on bail.

On the other hand, learned State counsel opposes the bail

application.

Taking into consideration the facts and circumstances of the

case, submission of learned counsel for the parties, further considering

that the Appellant was on bail during trial and has not misused the

liberty, without further commenting anything on merits, I am inclined to

suspend the jail sentence imposed on him and grant him bail.

Accordingly, IA No.01/2022 is allowed and it is directed that the

substantive jail sentence imposed upon the Appellant shall remain

suspended during the pendency of the Appeal and he shall be released

on bail on his furnishing a personal bond of Rs.10,000/- with one surety

in the like sum to the satisfaction of the concerned Court for his

appearance before the Registry on 13th of May, 2022 and thereafter

before the concerned Court below on all such dates as may be given to

him till final disposal of this Appeal.

Post the matter for final hearing in its due course.

Sd/-

(Deepak Kumar Tiwari) Judge

Priya