Chattisgarh High Court
Congress vs State Of Chhattisgarh on 19 July, 2022
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
CRA No. 1471 of 2017
Congress S/o Lal Ji Aged About 23 Years R/o Village Awantikapur, Police
Station Chandani, District Surajpur, Chhattisgarh.
---- Appellant
Versus
State of Chhattisgarh Through Police Station Chandani, District Surajpur,
Chhattisgarh. ---- Respondent
19.07.2022 Shri F.S. Khare, counsel for the appellant.
Smt. Richa Shukla, Dy. G.A. for the State/respondent.
Heard on I.A. No. 02/2017, application for suspension of sentence
and grant of bail.
The appellant has been convicted and sentenced by the judgment of
conviction and order of sentence dated 09.05.2017 passed in Sessions
Case No. 101/2015 by the Special Judge (POCSO Act) & Additional
Sessions Judge (FTC), Surajpur (C.G.) as under:-
Convictions Sentences
U/s. 376 (2)(n) of IPC R.I. for 10 years with fine of Rs.
5,000/-and default in payment of fine
amount additional R.I. for 6 months.
U/s. 363 of IPC R.I. for 4 years with fine of Rs.
5,000/-, additional R.I. for 6 months
in default of fine amount.
U/s. 366 of IPC R.I. for 4 years with fine of Rs.
5,000/-, additional R.I. for 6 months
in default of fine amount.
Learned counsel for the appellant submits that there is no reliable
evidence against the present appellant to involve him in this case, essential
ingredient of the offence for convicting the appellant is missing, the
maximum sentence awarded to the appellant is R.I. for 10 years for the
offence under Section 376 (2)(n) of IPC, whereas the appellant has
completed more than half of the sentence i.e. 7.3 years. He placed reliance
on a recent judgment of the Hon'ble Supreme Court in case of Satender
Kumar Antil Vs. Central Bureau of Investigation & Another reported in
2022 LiveLaw (SC) 577 and also looking to the provision of Section 436-A
of CrPC, the appellant may be enlarged on bail.
On the other hand, learned counsel for the State submits that the
appellant has completed more than half of the sentence i.e. 7.3 years out
of 10 years of sentence.
On 10.03.2022 father of the victim appeared before this Court
through VC from DLSA Surajpur (C.G.) and he raised objection to release
of the appellant on bail.
Considering the facts & circumstances of the case, looking to the
fact that appellant has already served 7.3 years of sentence out of 10
years of sentence awarded to him for the offence U/s 376(2)(n) of IPC,
keeping in view of the observations made by the Hon'ble Supreme Court
in Satender Kumar Antil (supra) and looking to the provision of Section
436-A of CrPC, I am inclined to allow the bail application (I.A.No.2/2017),
accordingly the same 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.25,000/- with one surety to the
satisfaction of the trial Court.
Now, the appellant is directed to appear before the Registry of this
Court on 28.09.2022 and thereafter appear before the trial Court on a
date to be given by the Registry and thereafter continue to appear before
the trial Court on all such dates as are given to him by the said Court till
disposal of this appeal.
List the case for final hearing.
Sd/-
(Sachin Singh Rajput)
Judge
Nadim
