Mithlesh Sahu vs State Of Chhattisgarh
2022 Latest Caselaw 279 Chatt

                     HIGH COURT OF CHHATTISGARH, BILASPUR

                                           Order Sheet

                                       CRA No. 1278 of 2021
  Mithlesh Sahu S/o Jhablaram Sahu, aged about 22 years, R/o Kagdehi, P.S. Arang, District
  Raipur (C.G.)
                                                                             ---- Appellant
                                               Versus
  State Of Chhattisgarh Through Station House Officer, Police Station Arang, District Raipur
  (C.G.)
                                                                                 ---- Respondent

17/01/2022 Shri Bharat Gulabani, counsel for the appellant.

Ms. Deepti Shukla, Panel Lawyer for the State.

Heard on I.A. No.1 of 2021, application for suspension of sentence under Section 389 of Code of Criminal Procedure and grant of bail to the appellant.

By the impugned judgment dated 28/09/2021 passed by the Additional Sessions

Judge, First Fast Track Court Special Court, Raipur (C.G.) in Special Criminal Case No

77/2019, the appellant stands convicted and sentenced as under :-

                  Conviction                               Sentence

                  Under Section 376 (2)(n) of              R.I. for ten years and fine of Rs.
                  Indian Penal Code                        5,000/-. In default of payment of
                                                           fine further R.I. for three months.

Counsel for the appellant submits that the impugned judgment is per se illegal

and bad in law. The appellant was on bail during trial and did not misuse the liberty so

granted, the disposal of the appeal is likely to take some time, therefore, the appellant

be released on bail.

On the other hand, State counsel opposes the bail application.

Heard learned counsel for the parties.

Considering the facts and circumstances of the case, statement of prosecutrix

PW-1 she admitted that she was living together with accused/appellant for

approximately one month in rented house and she had gone with the appellant from

Arang to Raipur and resided at Tikrapara. She told nothing to landlord about her

relationship, looking to the entire evidence, age of the appellant, disposal of the appeal

will take some time, I am of the opinion that present is a fit case to suspend the jail

sentence imposed upon the appellant and to release him on bail.

Accordingly, the application (I.A. No.1 of 2021) is allowed.

It is directed that the execution of substantive jail sentence imposed upon the

appellant shall remain suspended during the pendency of this appeal and he shall be

released on bail on his furnishing a personal bond in the sum of Rs.50,000/- with one

surety of Rs.50,000/- to the satisfaction of the trial Court. They shall appear before the

Registry of this Court on 30th April, 2022 and thereafter shall appear before the trial

Court on a date to be given by the Registry and shall continue to appear there on all

such dates as are given to him by the said Court till disposal of this appeal.

Certified copy as per rules.

List this appeal for final hearing in due course.

Sd/-

(Gautam Chourdiya)

JUDGE

Kamde