Trilochan Kadati vs State Of Chhattisgarh
2022 Latest Caselaw 3728 Chatt

                                               1

                 HIGH COURT OF CHHATTISGARH, BILASPUR

                                        Order Sheet
                              Criminal Appeal No. 28 of 2021

      Trilochan Kadati S/o. Lakhmu Kadati aged about 24 years, R/o Camppara Jaiwaram
       P.S. Jangla, District Bijapur (C.G.)

                                                                                 ----- Appellant   s




                                          versus
      State of Chhattisgarh, Through : Police Station- Jangla, District Bijapur (C.G.)
                                                                               ----- Respondent

14/06/2022 Shri Rahul Sharma, Advocate for the appellant.

Shri Anurag Verma, Panel Lawyer for the State.

Shri Chandradeep Prasad, Advocate for the objector. Heard on I.A. No. 01 of 2021, application under Section 389 of Cr.P.C. for suspension of sentence and grant of bail to appellant.

By the impugned judgment dated 30.12.2020 passed by the Additional Sessions Judge (F.T.C.), Dantewada, District South Bastar Dantewada (C.G.) in Special Sessions Case No. 7/2019, the appellant stands convicted and sentenced as under:

                               Conviction                              Sentences
                   Under Section 376 of IPC read           R.I. for 10 years and fine of
                   with Section 3, 4 of POCSO Act          Rs.500/-, in default of payment
                                                           of fine to further undergo R.I. for
                                                           one month
                   Under Section 341 of IPC                S.I. for one month
                   Under Section 506 (II) of IPC           R.I. for one year
                                     All the sentences to run concurrently

Considering the material available on record, in particular the fact that the

prosecutrix has performed marriage with the appellant, the copy marriage

certificate, her afffidavit & photographs of marriage filed by the objector's counsel

with covering memo dated 13.06.2022 & he has no objection to grant of bail to the

appellant by this Court, and disposal of this appeal is likely to take some time,

without further commenting on merit, 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. 01 of 2021) is allowed.

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

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.1,00,000/-

with two sureties of Rs.50,000/- each to the satisfaction of the trial Court. He shall

appear before the Registry of this Court on 22nd August, 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

vatti