Govinda Jal vs State Of Chhattisgarh
2022 Latest Caselaw 4593 Chatt

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                  HIGH COURT OF CHHATTISGARH, BILASPUR
                                Order Sheet
                                   CRA No. 1715 of 2018
  Govinda Jal S/o Amar Jal @ Goutam Jal Aged About 28 Years R/o Beran Selet, Police
   Station- Katabhanji, District- Balangir (Odisha), At Present Shivaji Nagar, Amanaka,
   District- Raipur, Chhattisgarh.
                                                                                ---- Appellant
                                         Versus
  State Of Chhattisgarh Through The Police Station- Amanaka, District- Raipur,
   Chhattisgarh.
                                                                          --- Respondent

19.07.2022 Mr. Sudhir Kumar Sahu, Counsel for the appellant.

Mr. Afroz Khan, P. L. for the State/respondent.

Heard on I.A.No.4/2022, application for suspension of sentence and

grant of bail to the appellant.

By the impugned judgment of conviction and order of sentence dated

12.10.2018 passed by the learned Additional Sessions Judge, District

Raipur, (C.G.) in Special Criminal Case No. 166/2017, the appellant has

been convicted and sentence in following manner:-

                           Conviction                        Sentence
                 Under Section 363 of I.P.C.      R.I. for 2 years and fine of Rs.
                                                  500/-   and    in   default     of
                                                  payment of fine additional R.I.
                                                  for one month.
                 Under Section 366 of I.P.C.      RI for 3 years and fine of


                                      Rs.1000/- and in default of
                                      payment of fine Additional R.I.
                                      for 2 months.

U/s 6 of Protection of Children RI for 10 years and fine amount from Sexual Offences Act, of Rs.5000/- in default of 2012 payment of fine amount Additional RI for 3 months.

Learned counsel for the appellant submits that appellant has falsely

been implicated in this case and he has not committed any offence, he

further submits that the learned trial Court has committed patent illegality in

appreciating the statement of prosecution witnesses P.W.1 Prithvi Raj

Tandi, P.W.2 Neetu Tandi and P.W.3 Dilip Kumar Bhagat, appellant has

completed more than five years out of 10 years maximum jail sentence and

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.

State counsel opposes the application for suspension of sentence and

grant of bail although he has not disputed the detention period.

I have heard learned counsel for the parties, considering the facts

and circumstances of the case, looking to the detention period, I am

inclined to allow this application.

Accordingly, I.A.No.4/2022 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 the Registry of this Court on 27th September, 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.

List this case for final hearing.

Sd/-

(Sachin Singh Rajput)

Judge

parul