Chattisgarh High Court
Supaankar @ Sanu Jana vs State Of Chhattisgarh on 11 May, 2022
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
CR.A. No. 1352 of 2018
Supaankar @ Sanu Jana S/o Ajay Jana, R/o Village Sankra, Police Station
Dharsiwan, Raipur, District Raipur, Chhattisgarh.
--- Appellant.
Versus
State Of Chhattisgarh Through The Station House Officer, Police Station Dharsiwan,
Raipur, District Raipur, Chhattisgarh.
---Respondent
11/05/2022 Mr. Sandeep Yadav, counsel for the appellant.
Mr. Gagan Tiwari, Dy.G.A. for the State.
Heard on I.A. No.1/2018, second application for suspension of
sentence and grant of bail. The first bail application for suspension of
sentence and grant of bail was dismissed as withdrawn vide order
dated 02.11.2018 with liberty to revive the same after two years.
Appellant has been convicted by the judgment of conviction
and order of sentence dated 08.08.2018, passed in Special Criminal
Case No. 21/2016, by the learned 7 th Additional Sessions Judge,
Raipur, District- Raipur (C.G.) in the following manner :-
U/s. 6 of Protection : R.I. for 10 years and fine of
Children from Sexual Rs.5000/- and in default of payment
Offences Act of fine, further under go 3 months of
R.I.
Section 3/181 of Motor : Fine of Rs.200 and in default of
Vehicle Act payment of fine, 1 week R.I.
It is submitted by the learned counsel for the appellant that
only prayer of the appellant is this that out of 10 years of maximum
sentence imposed upon him, he has already completed about 7 years
in jail and there is no likelihood of final hearing of this appeal in near
future, therefore, if the appellant continues in jail, the purpose of filing
of this appeal would be frustrated. Hence, it is prayed that the
sentence of imprisonment against he appellant be suspended and he
may be enlarged on bail.
Per contra, the learned State counsel opposes the prayer for
suspension of sentence and grant of bail. It is submitted that the case
against the appellant is not good on merits and there is a conviction,
therefore, the appellant has no entitlement for grant of bail.
Considered on the submissions. Without going into the merits
of this case, it is observed that the appellant has under gone 7 years
in jail i.e. ¾ of the sentence imposed upon him and as there is
likelihood of delay in final hearing of this case, hence for this reason,
this Court is of the opinion that it is a fit case to suspend the sentence
and release the appellant on bail.
Accordingly, I.A. No.1/2018, application for suspension of
sentence and grant of bail, is allowed.
Execution of 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 20th of July, 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.
Sd/-
(Rajendra Chandra Singh Samant)
Judge
balram
