Sanjay Kumar Sori vs State Of Chhattisgarh
2022 Latest Caselaw 2537 Chatt

                                             1

               HIGH COURT OF CHHATTISGARH, BILASPUR

                                     Order Sheet
                          Criminal Appeal No. 1616 of 2021

     Sanjay Kumar Sori S/o Late Samu Ram Sori, Aged about 37 years, R/o New G.A.D.
      Colony Behind Kali Mandir, Dantewada, P.S. Dantewada, District Dantewada (C.G.)

                                                                              ----- Appellant   s




                                     versus
     State of Chhattisgarh, Through District Magistrate Sukma, P.S. Sukma, District
      Sukma (C.G.)
                                                                            ----- Respondent

20/04/2022 Shri P.R. Patankar, Advocate for the appellant.

Shri Raghvendra Verma, Government Advocate for the State. Heard on I.A. No. 01 of 2021, application under Section 389 of Cr.P.C. for suspension of sentence and grant of bail to appellant.

By the impugned judgment dated 01.12.2021 passed by the Additional Sessions Judge (FTC), Dantewada, District Dantewada (C.G.) in Sessions Trial No. 287/2016, the appellant stands convicted and sentenced as under:

                              Conviction                              Sentences
                  Under Section 376 of IPC               R.I. for ten years and fine of
                                                         Rs.2,000/-, in default of payment
                                                         of fine to further undergo R.I. for
                                                         three months
                  Under Section 494 of IPC               R.I. for five years and fine of
                                                         Rs.500/-, in default of payment
                                                         of fine to further undergo R.I. for
                                                         one month
                                   Both the sentences to run concurrently


                    Considering the material available on record, particularly considering          the

deposition of the prosecutrix (PW-2) and the fact that the prosecutrix and the

appellant both were acquainted with each other from the year 2010 to 2016, F.I.R.

was lodged in the year 2016, detention period of the appellant, during trial he was

on bail & did not misuse the liberty, and disposal of this appeal is likely to take

some time, without further commenting on merit, I am of the opinion that present

is a fit case to suspend the jail sentence imposed upon the appellant and to

release him on bail.

Accordingly, the application (I.A. No. 01 of 2021) is allowed.

It is directed that the execution of substantive jail sentence imposed upon

appellant shall remain suspended during the pendency of this appeal and he shall

be released on bail on his furnishing a personal bond in the sum of Rs.1,00,000/-

with two sureties of Rs.50,000/- each to the satisfaction of the trial Court. He shall

appear before the Registry of this Court on 20th June, 2022 and thereafter shall

appear before the trial Court on a date to be given by the Registry and shall

continue to appear there on all such dates as are given to him by the said Court till

disposal of this appeal.

Certified copy as per rules.

List this appeal for final hearing in due course.

In view of the above, I.A. No. 2/2022 stands disposed of.

Sd/-

(Gautam Chourdiya) Judge

vatti