Shakil Khan vs State Of Chhattisgarh
2022 Latest Caselaw 4171 Chatt

                 HIGH COURT OF CHHATTISGARH, BILASPUR

                                      Order Sheet

                                     CRA No. 1164 of 2018

          Shakil Khan S/o Tashwar Khan Aged About 25 Years R/o Mudegaon,
           P. S. Lailunga, District Raigarh Chhattisgarh

                                                                       ---- Appellant

                                           Versus

          State Of Chhattisgarh Through: Police Station AJAK Raigarh District
           Raigarh Chhattisgarh

                                                                   ---- Respondent

01/07/2022 Shri Rahul Agrawal, Counsel for the appellant.

Shri Lalit Jangade, Dy. GA for the State.

Shri Shobhit Koshta, Counsel for the victim.

Heard on I.A.No.1, application for suspension of sentence and

grant of bail.

Appellant has been convicted by the judgment dated

10.07.2018 passed by the Special Judge (Schedule Caste &

Schedule Tribe, Prevention of Atrocities Act) Raigarh, District

Raigarh in Special Case (Atrocities Act) No.45/2015 in the following

manner with a direction to run the sentences concurrently.

Conviction Sentence

U/s. 376 of I.P.C. : R.I. for life and fine amount of Rs.1000/-, in default of payment of fine amount, additional R.I. for 03 months.

U/s. 04 of POCSO Act : R.I. for 10 years and fine amount of Rs.1000/-, in default of payment of fine amount, additional R.I. for 03 months

Earlier application for suspension of sentence and grant of

bail to the appellant has been rejected on merits on 06.12.2019.

Learned Counsel for the appellant submits that the appellant

is in jail since 29.08.2015 and he has completed about 7 years of

jail sentence and hearing of the appeal may take some time as the

appeal is of the year 2018, 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 appellant is

in detention since 29.08.2015.

Learned counsel for the victim would submit that he has no

objection if the bail is granted to the appellant as the victim wants to

marry the appellant.

Considering the fact that the appellant is in jail since

29.08.2015 and has completed about 7 years of jail sentence and

hearing of the appeal will take some time and also taking into the no-

objection by the victim, we are inclined to release the appellant on

bail.

Accordingly, I.A. No.01 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 each for the like sum to

the satisfaction of the trial court for his appearance before the

Registry of this Court on 23/09/2022. 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.

                  SD/-                                      SD/-

             (Goutam Bhaduri)                          (Rajani Dubey)
                Judge                                      Judge




ashu