Banvasi vs State Of Chhattisgarh
2022 Latest Caselaw 4548 Chatt

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                 HIGH COURT OF CHHATTISGARH, BILASPUR
                                   Order Sheet
                                   CRA No. 1023 of 2016
  Banvasi S/o Goverdhan Aged About 30 Years Caste Panika, R/o Negiguda, P.S. Parpa,
   Jagdalpur, District Bastar, Chhattisgarh., Chhattisgarh         ---- Applicant
                                      Versus
  State Of Chhattisgarh Through Police Station Parpa, District Bastar, Chhattisgarh.,
   Chhattisgarh                                                   --- Respondent

18.07.2022 Mr. Sukhdev Prasad Sahu, counsel for appellant.

Mr. R.M. Solapurkar, GA for the State/respondent.

Heard on IA No. 02 application for suspension of sentence and

grant of bail.

By the impugned judgment and order of sentence dated

23.06.2016 passed by the Additional Sessions Judge (FTC) Bastar

place Jagdalpur, CG in Special Sessions Case No. 33/2015 appellant

has been convicted for the ofence punishable under Section 376/511

IPC and sentenced to undergo Rigorous Imprisonment for 10 years

and fne amount of Rs. 1000/- and Section 6 of POCSO Act and

sentenced to undergo RI for 10 years and fne amount of Rs. 1000/-

respectively plus default stipulation.

The appellant Banvasi was earlier granted bail by this Court

vide order dated 25.11.2016. Thereafter, he was given a date for

appearance before the Registry of this Court, However, as he did not

appear before the Registry of this Court on the dates so given and

warrant of arrest issued against the appellant in compliance of order

dated 06.04.2022, the appellant was arrested and at present he is

serving the sentence in jail.

Learned counsel for the appellant submits that he has moved

an application for suspension of sentence and grant of bail during the

pendency of the appeal.

I have perused that application and for the reasons stated in

the application, the same is allowed.

Accordingly, IA No. 2 is allowed.

The substantive jail sentence awarded to the appellant is

suspended during the pendency of this appeal and he is directed to

release on bail on his furnishing a personal bond in the sum of Rs.

25,000/- along with one surety in the like sum to the satisfaction of

the concerned trial Court for his appearance before this Court on

27.09.2022. 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 is given to him by the

said Court, till the disposal of this appeal.

List this case for fnal hearing on 27.09.2022.

Sd/-

(Sachin Singh Rajput) Judge

Pawan