Anju Naurange vs State Of Chhattisgarh
2022 Latest Caselaw 5115 Chatt

                        HIGH COURT OF CHHATTISGARH, BILASPUR

                                     Order Sheet

                           Criminal Appeal No. 244 of 2018

                             Anju Naurange Versus State of CG




10/08/2022         Shri Kalyan Kalamkar counsel for the appellant.

                   Shri G.P. Kurre PL for the respondent/ State.

Heard on IA filed on 10.8.2022 for suspension of sentence and grant of bail.

2. By the judgment dated 26.8.2017 passed by Additional Sessions Judge (FTC) Durg in Special Sessions Case No. 110/2016, the appellant has been convicted under Sections 363/34, 366-A/34 IPC and section 4 read with 17 of the POCSO Act and sentenced to undergo RI for four years with fine of Rs. 1000/-, RI for five years with fine of Rs. 1000/- and RI for seven years with fine of Rs. 1000/- respectively, plus default stipulations.

3. Case of the prosecution in short is that the appellant along with co- accused Jitendra kidnapped the daughter of the complainant from his lawful guardianship and thereafter co-accused committed penetrative sexual assaulted on her.

4. Counsel for the appellant submits that the findings recorded by the Court below are not based on due appreciation of the evidence of the witnesses, that the appellant has already remained in jail for about six years and two months out of the maximum imposed sentence of seven years, and that the appeal may take some more time for final disposal, the sentence imposed on the appellant may be suspended and she may be released on bail.

5. On the other hand, State counsel opposes the application for suspension of sentence and grant of bail. He however does not dispute that the appellant has remained in jail for about six years and two months.

6. After hearing counsel for the parties, considering the facts and circumstances of the case, the fact that the appellant has already remained in jail for for about 06 years and 02 months, that the appeal is likely to take some time for disposal, this Court is of the opinion that it is a fit case to suspend the substantive sentence imposed on the appellant and release her on bail. Accordingly, the application is allowed. It is directed that on appellant's furnishing a bond in the sum of Rs. 05,000/- with one surety for the like sum to the satisfaction of the trial Court the substantive sentence imposed on her shall remain suspended and she shall be released on bail. The appellant shall first appear before the Registry of this Court on 13.9.2022 and thereafter she shall appear before the trial Court on a date given by the Registry and then continue to appear there on all the dates as are given to her in this regard.

7. Also perused the PUD received from Additional Sessions Judge (FTC) Durg, dated 1.8.2022. For the reasons stated therein, let the records of the trial Court be sent back forthwith with a direction to send the same back to this Court after the trial of the co-accused is over.

List the case for final hearing.

Sd/-

(Sachin Singh Rajput) Judge

Jyotishi