Deepak @ Kundaru Lohar vs State Of Chhattisgarh
2022 Latest Caselaw 7602 Chatt

                          HIGH COURT OF CHHATTISGARH, BILASPUR

                                            Order Sheet

                                        CRA No. 641 of 2016

               Deepak @ Kundaru Lohar S/o Late Shri Surjan Lohar Aged About 21 Years R/o
               Village - Paiga Sentarpara, Police Station Kamleshwarpur, Distt. - Sarguja
               Chhattisgarh., Chhattisgarh

                                                                                 ---- Appellant

                                               Versus

               State Of Chhattisgarh Through Police Station Kamleshwarpur, Distt. - Sarguja
               Chhattisgarh. , Chhattisgarh

                                                                              ---- Respondent

15.12.2022 Mr. Jitendra Shrivastava, Advocate for the appellants.

Mr. Ghanshyam Patel, GA for the State.

Heard on I.A. No. 1, which is an application for suspension of sentence

and grant of bail under Section 389 of the Code of Criminal Procedure.

The instant is a bail application filed challenging the judgment of

conviction dated 04.03.2016 in Special Sessions Case No.44 of 2014. Vide

the said judgment appellant stands convicted for the offence punishable

under Section 363, 366, 376(2)(i) of IPC.

Learned counsel for the appellant submits that appellant is in custody

since 19.06.2014 and that by now he has already completed 8 years and 5

months out of the maximum sentence awarded of 10 years. He further

submits that considering the fact that the appeal is of the year 2016, there is

no likelihood of the appeal being taken up for final hearing in the nearby future and therefore the appellant as of now considering the period of

custody undergone be released on bail.

Learned counsel for the appellant further drew the attention of the

Court to the pleadings and submitted that from the pleading and evidence

which have come on record, it would be apparently clear that there was a

sort of love affair between the appellant and prosecutrix except for the

prosecutrix said to have been minor during the said period.

State counsel on the other hand submits that considering the fact that

petitioner also has been convicted along with the provisions of POCSO Act

and victim being a minor the appellant does not deserve a sympathetic

treatment and therefore the application may be rejected.

Considering the entire facts and circumstances of the case, more

particularly, taking note of the period of custody undergone by the present

appellant i.e. period of more than 8 years & 5 months, this Court is of the

opinion that a strong case for allowing of I.A. No.1 has been made out.

Accordingly, I.A. No.1 stands allowed.

The remaining part of the sentence of the appellant shall remain

suspended. The appellant be released on bail.

It is directed that the remaining part of the jail sentence imposed upon

the appellants shall remain suspended during the pendency of this appeal He

shall be released on bail upon furnishing a personal bond in the sum of

Rs.25,000/- with one surety each in like sum to the satisfaction of the

concerned trial Court. The appellants are directed to appear before the trial Court on each and every date given to them by the said Court till disposal of

the appeal.

Let this appeal meanwhile be listed for final hearing.

Sd/-

(P. Sam Koshy) JUDGE

Rohit