Mukesh Kumar Deshlahre vs State Of Chhattisgarh
2022 Latest Caselaw 852 Chatt

                   HIGH COURT OF CHHATTISGARH, BILASPUR
                                 Order Sheet
                        Criminal Appeal No.456 of 2019

 •   Mukesh Kumar Deshlahre S/o Lakhanlal Deshlahre, Aged About 21 Years R/o
     Village Thekwa, Police Station Somni, District Rajnandgaon Chhattisgarh
                                                                      --- Appellant
                                      Versus

 •   State Of Chhattisgarh Through Station House Officer, Police Station -
     Dongargaon, District Rajnandgaon Chhattisgarh
                                                                     ---Respondent

18/02/2022 Mr. Abhishek Sharma, counsel for the appellant.

Mr. Soumya Rai, Panel Lawyer for the State.

Heard on I.A. No.2, this is a repeat application for suspension of sentence and grant of bail.

Appellant has been convicted and sentenced by the judgment of conviction and order of sentence dated 22.01.2019, in Special Criminal Case No.21/2017, passed by learned Upper Sessions Judge (F.T.C.), District - Rajnandgaon (C.G.) with a direction to run all the sentences concurrently in the following manner :-

                    Conviction                               Sentence

             U/s. 354 of the Indian Penal       R.I. for 02 years and fine of Rs.500/-
             Code                               and in default of payment of fine,
                                                additional S.I. for 03 month.

             U/s. 341 of the Indian Penal       S.I. for 01 month and fine of
             Code.                              Rs.500/- and in default of payment
                                                of fine, additional S.I. for 07 days.

             U/s. 8 of Protection of            R.I. for 03 years and fine of
             Children    from  Sexual           Rs.1000/- and in default of payment
             Offences Act.                      of fine, additional S.I. for 06
                                                months.

This appellant was earlier granted bail after suspension of sentence against him vide order dated 18.03.2019. Later on, due to the non-appearance of the appellant on the given dates, appellant has been arrested on non-bailable warrant.

Learned counsel appearing for the appellant would submit that the appellant has good reason for his non-appearance before the authorities on the given date. Hence, it is prayed that he may be again enlarged on bail.

Per contra, the learned State counsel opposes the prayer for suspension of sentence and grant of bail and submits that the appellant has already jumped the bail granted to him earlier by this Court, therefore, he is not entitled for grant of bail.

I have heard the learned counsel for the parties and perused the record of the trial Court.

Considering on the submissions and considering that this Court had earlier found the appellant entitled for suspension of sentence and grant of bail and it is only because of his non-compliance of the order, he has been arrested and detained. Hence, the appellant can be given one more chance to make compliance with the order of this Court. Therefore, the application filed by the appellant for grant of bail is allowed.

Accordingly, I.A. No.2, an application for suspension of sentence and grant of bail, is allowed.

Execution of substantive jail sentence imposed on appellant shall remain suspended and he is directed to be released on bail on his executing a 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 25th of April, 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.

Sd/-

(Rajendra Chandra Singh Samant) Judge

Monika