S. Kumar Sahu @ Chhotu vs State Of Chhattisgarh
2022 Latest Caselaw 2158 Chatt

         HIGH COURT OF CHHATTISGARH, BILASPUR
                                Order Sheet
                            Cr.A No.164 of 2021
S. Kumar Sahu @ Chhotu S/o Kriparam Sahu Aged About 22 Years Caste Geli,
Resident Of Village Kosmi , Police Station Doulndilohara, District Balod
Chhattisgarh.                                             --- Appellant
                                    Versus
State Of Chhattisgarh Through The Station House Officer, Police Station Doundi,
District Balod Chhattisgarh.                                   ---- Respondent

05.04.2022 Shri Sanjeev Sahu, counsel for the Appellant.

Shri Alok Nigam, G.A for the State.

Heard on IA No.01/2021, an application for suspension of sentence and grant of bail.

The accused/Appellant has been convicted vide judgment of

conviction and order of sentence dated 25.01.2021 passed by the

Special Sessions Judge, (SC/ST [Prevention of Atrocities] Act), District

Balod in Special Sessions Case No.59/2018 for the offence punishable

under Sections 376(x)/376 IPC and sentenced to undergo R.I for 10

years and fine of Rs.5,000/- 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 05.05.2018. He further submits that the

prosecutrix has stated nothing regarding the rape in her statement

recorded under Section 164 Cr.P.C (Ex.P-32) and 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

the pre-trial detention, without further commenting anything on merits, I

am inclined to suspend the jail sentence imposed on the Appellant and

grant him bail.

Accordingly, IA No.01/2021 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 trial Court on 26th of April, 2022 and thereafter

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