Akhilesh @ Ramratan vs State Of Chhattisgarh
2022 Latest Caselaw 4912 Chatt

                                                                                        Page 1 of 3

                    HIGH COURT OF CHHATTISGARH, BILASPUR
                               CRA No. 7 of 2020
   Akhilesh @ Ramratan S/o Ramsundar Aged About 21 Years Caste Baheliya, At A Time
    Of Incident, R/o Mohada Dafai, Ledri, Police Station Jhagrakhand, District Koriya,
    Chhattisgarh.
                                                                                       ---- Appellant
                                           Versus
   State Of Chhattisgarh Through Station House Officer, Police Station Jhagrakhand,
    District Koriya Chhattisgarh.
                                                                                   --- Respondent

01.08.2022 Mr. Lokesh Kumar Singh, Counsel for the appellant.

Mr. Ankur Kashyap, P. L. for the State/respondent.

Heard on I.A.No.02/2022, application for suspension of sentence and

grant of bail to the appellant.

By the impugned judgment of conviction and order of sentence dated

16.02.2017 passed by the Additional Sessions Judge(FTC), Koriya (C.G.) in

ST No.76/2014, the appellant has been convicted and sentenced in the

following manner:-

                           Conviction                         Sentence
                  Under    Section    376(2)(I)of R.I. for 10 years and fine

                  I.P.C.                         of Rs. 500/- and in default

                  U/s 6 of POCSO Act, 2012.      of   payment        of         fine

                                                 additional   R.I.        for     6

                                                 months.

Learned counsel for the appellant submits that appellant has falsely

been implicated in this case and he has not committed any offence. He further

submits that appellant has completed about 8 years out of 10 years jail

sentence awarded to him and the appeal will take some time for hearing on

merits, therefore the substantive jail sentence imposed upon appellant may

be suspended and he may be released on bail.

State counsel opposes the application for suspension of sentence and

grant of bail.

I have heard learned counsel for the parties, considering the fact that

the appellant has suffered about 8 years out of 10 years jail sentence

awarded to him and hearing of the appeal will take some more time,

therefore, I am inclined to allow this application.

Accordingly, I.A.No.2/2022 is allowed.

The substantive jail sentence awarded to the appellant is suspended

during the pendency of this appeal and he is directed to release on bail on his

furnishing a personal bond in the sum of Rs. 5,000/- along with one surety in

the like sum to the satisfaction of the concerned trial Court for his appearance

before the Registry of this Court on 12th September, 2022. 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.

Certified copy as per rules.

List this case for final hearing in the week commencing 19th of

September, 2022.

Sd/-

(Sachin Singh Rajput)

Judge

parul