Rooplal Sahu vs State Of Chhattisgarh
2022 Latest Caselaw 1449 Chatt

                HIGH COURT OF CHHATTISGARH, BILASPUR
                                      Order Sheet
                               CRA No. 757 of 2018
     Rooplal Sahu S/o Doman Lal Sahu Aged About 30 Years R/o Village Telitola,
     P.S. Ambagarh Chowki, District Rajnandgaon Chhattisgarh
                                                                        ---- Appellant
                                        Versus
     State Of Chhattisgarh, Through Police Station Mohla, District Rajnandgaon
     Chhattisgarh
                                                                ----Respondent

21.03.2022 Mr. Bharat Sharma, Advocate for the Appellant.

Mr. Arjit Tiwari, Panel Lawyer for the State.

Heard on I.A.No.2, application for suspension of sentence and

grant of bail.

Appellant has been convicted by the judgment dated 28.04.2018

passed by the learned Court below in Special Case No.08/2017 in the

following manner with a direction to run all the sentences concurrently.

                     Conviction                              Sentence

             U/s. 376(2)(<) of I.P.C.       : R.I. for 10 years & fine of Rs.5000/-, in
                                              default of payment of fine, 6 months
                                              further S.I.

             U/s. 506(II) of I.P.C.         : R.I. for 6 months & fine of Rs.1000/-,
                                              in default of payment of fine, 1 month
                                              further S.I.

Learned counsel for the appellant submits that the appellant is in

jail since 21.12.2016, he has already suffered more than half of the jail

sentence and the appeal will take some time for hearing, therefore, he

may be released on bail.

Per contra, learned State counsel opposes the prayer for

suspension of sentence and grant of bail.

Considering the fact that the appellant has suffered more than half

of the jail sentence as he is in jail since 21.12.2016 and the appeal will

take some time for hearing, I am inclined to suspend the sentence and

release the appellant on bail. Accordingly, I.A.No.2, application for

suspension of sentence and grant of bail is allowed.

Execution of further substantive jail sentence imposed on

appellant shall remain suspended and he is directed to be released on

bail on his executing a personal bond for a sum Rs.25,000/- with one

surety for the like sum to the satisfaction of the Trial Court for his

appearance before the Registry of this Court on 12 th May, 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.

Sd/-

(Goutam Bhaduri) Judge

Ashok