Arvind Shriwas vs State Of Chhattisgarh
2022 Latest Caselaw 5369 Chatt

                                                                         NAFR

                HIGH COURT OF CHHATTISGARH, BILASPUR

                             CRA No. 662 of 2022

 • Arvind Shriwas, S/o Gajanand Shriwas, Aged About 32 Years, R/o Village
   Ratanmahka, Police Station- Kharsiya, District- Raigarh, Chhattisgarh.

                                                                ---- Appellant

                                  Versus

 • State of Chhattisgarh Through Police Station- Janjgir, District- Janjgir-
   Champa, Chhattisgarh.

                                                               ---- Respondent

24/08/2022 Mr. Shailendra Kumar Bajpai, counsel for the Appellant.

Mr. Raghvendra Verma, G.A. for the State/respondent.

Heard on I.A. No. 01/2022, an application for suspension of sentence and grant of bail to the appellant.

By the impugned judgment dated 06.04.2022 passed by the learned Additional Sessions Judge Janjgir, District- Janjgir- Champa(C.G.) in Sessions Trial No. 21/2018, the appellant stands convicted as under:-

Conviction Sentence

U/s 376(2)(n) of IPC RI for 10 years and to pay fine amount of Rs. 50,000/- and in default of payment of fine further R.I. for 10 months

Learned counsel for the appellant would submit that the appellant has been wrongly convicted by the trial court in the judgment without there being any sufficient evidence available on record. He further submits that appellant was on bail during trial and he has not misused the liberty granted to him. He further submits that disposal of this appeal will take sufficient time, therefore, he may be enlarged on bail.

Per Contra, learned State counsel opposed the prayer for suspension of sentence and grant of bail.

Heard learned counsel for the parties and perused the record of the trial Court.

After perusing the impugned judgment and considering the detention period of the appellant and there is no likelihood of this appeal to come up for final hearing in near future, I am of this opinion that it will be proper to release the appellant on bail during the pendency of this appeal.

Execution of substantive jail sentences imposed upon the appellant shall remain suspended during the pendency of this appeal and he shall be released on bail on his executing a personal bond for a sum of Rs. 25,000/- with one solvent surety for the like sum to the satisfaction of the trial court for his appearance before the Registry of this Court on 18.10.2022. 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 given to him by the said Court, till the disposal of this appeal.

List this case for final hearing in due course.

Sd/-

(Rajani Dubey) Judge

Ruchi