Rajulal Bandhe vs State Of Chhattisgarh
2022 Latest Caselaw 3983 Chatt

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                                                                                NAFR
                HIGH COURT OF CHHATTISGARH, BILASPUR

                                  CRA No. 97 of 2022


 1.   Rajulal Bandhe S/o Guharam Bandhe, Aged About 38 Years, R/o Village
      Gadadih, Police Station Parpodi, District Bemetara (C.G.).
                                                                        ----Appellant
                                                                              (In Jail)
                                         Versus
 2.   State Of Chhattisgarh, Through The Station House Officer, Police Station
      Parpodi, District Bemetara (C.G.).
                                                                   ---- Respondent

23/06/2022 Mr. Raghvendra Pradhan, Counsel for the appellant.

Mr. Shrestha Gupta, P.L. for the State/respondent.

Heard on I.A. No. 01/2022, application for suspension of sentence and grant of bail to the appellant.

By the impugned judgment dated 04/01/2022 passed by 1st Additional Sessions Judge (F.T.C.) District Bemetara (CG.) in Session Case No. 49/2020, the appellant stands convicted and sentenced as under:

Conviction Sentence Under Section 376 of Indian R.I. for 10 years and fine of Rs. 1,000/-, Penal Code. in default of payment of fine additional R.I. for 1 month.

Under Section 450 of Indian R.I. for 05 years and fine of Rs. 1,000/-, Penal Code. in default of payment of fine additional R.I. for 1 month.

(Both the sentences were directed to run concurrently)

Considering the facts and circumstances of the case, the entire evidence of the prosecutrix and her husband, medical evidence also does not support the case of the prosecution, age of the prosecutrix, applicant and the prosecutrix are neighbour, the age of the appellant i.e. 38 years, he was on bail during trial and did not misuse the liberty granted to him, the fact that disposal of the appeal is likely to take some time, without expressing anything on merits of the case, 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. 01/2022) 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. 1,00,000/- with two sureties of Rs. 50,000/- each to the satisfaction of the trial Court for his appearance before the Registry of this Court 26th 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 disposal of this appeal.

List this case for final hearing in its due course.

-Sd/-

(Gautam Chourdiya) Judge

Chandrakant