Ajay Ratre vs State Of Chhattisgarh
2022 Latest Caselaw 7627 Chatt

             HIGH COURT OF CHHATTISGARH, BILASPUR

                                Order Sheet

                           CRA No.1072 of 2017

Ajay Ratre, S/o Basant @ Mita Ratre, Aged about 24 years, R/o Satnami
Mohalla, Kapan Chowki, Naila, Thana Janjgir, District Janjgir Champa (C.G.)

                                                                   ----Appellant

                                     Versus

State of Chhattisgarh, Through Police Station-Janjgir, District Janjgir-
Champa (C.G.)

                                                               ----Respondent

16/12/2022 Shri FS Khare, Counsel for the appellant.

Shri Ashutosh Mishra, PL for the State.

None for the complainant even in the second round.

Heard on I.A. No.2, which is an application for

suspension of sentence and grant of bail.

The appellant stands convicted by the judgment dated

04.07.2017 passed by the Additional Sessions Judge (F.T.C.)

Janjgir, District Janjgir-Champa in Special Sessions Case

No.51/2015 for the offence punishable under Section 6 of the

POCSO Act, 2012 and sentenced to undergo R.I. for 10 years

and to pay a fine of Rs.20,000/-, with usual default stipulation.

Learned Counsel for the appellant submits that the

appellant is in jail since 04.07.2017 as such he has completed

more than 5 years in jail and the maximum sentence awarded to the appellant is R.I. for 10 years, thereby in total he has

completed more than half of the jail sentence and hearing of

the appeal may take some time as the appeal is of the year

2017, therefore the substantive jail sentence imposed upon

the appellant may be suspended and he may be released on

bail.

Learned State Counsel do not dispute the fact that 5

years and 5 months the appellant has already suffered in jail.

Considering the fact that the appellant is in jail since

04.07.2017 and the maximum sentence awarded to the

appellant is R.I. for 10 years, thereby he has completed more

than half of the jail sentence and hearing of the appeal will

take some time, therefore I am inclined to release the

appellant on bail.

Accordingly, I.A. No.2 application for suspension of

sentence and grant of bail is allowed.

Execution of further substantive jail sentence imposed

on the appellant shall remain suspended during the pendency

of this appeal and he is directed to be released on bail on his

executing personal bond for a sum Rs.25,000/- with one

surety for the like sum to the satisfaction of the trial court for

his appearance before the Registry of this Court on

22/02/2023. 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.

SD/-

(Goutam Bhaduri) Judge

ashu