Latkar Shekhar vs State Of Chhattisgarh
2022 Latest Caselaw 3473 Chatt

               HIGH COURT OF CHHATTISGARH, BILASPUR
                                    Order Sheet
                                  CRA No. 154 of 2022
   Latkar Shekhar, S/o Latkar Kistaiya, Aged About 30 Years, R/o Ambedkar
    Para Rudrarum P.S. Bhopalpatnum, District Bijapur, Chhattisgarh.
                                                                   ---- Appellant
                                       Versus
   State of Chhattisgarh, Through Aarakshi Kendra Bhopalpatnum, District
    Bijapur, Chhattisgarh.                                         ---- Respondent

11.05.2022 Shri Vikas A. Shrivastava and Shri Keshav Dewangan, counsel for the appellant.

Shri Shivnath Shrivas, P.L. for the State.

Prosecutrix has appeared before this Court alongwith her father in person and she raised no objection to release of the appellant on bail.

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

The appellant has been convicted and sentenced by the judgment

of conviction and order of sentence dated 13.12.2021 passed in Special

Sessions Case No.01/2018 by the Additional Sessions Judge (F.T.C.)

South Bastar Dantewada (C.G.) as under:-

             Conviction                            Sentence
             U/s 363 of IPC                        R.I. for 1 year, fine Rs. 100/-,
                                                   default in payment of fine
                                                   amount- 1 month additional
                                                   R.I.
 U/s. 366 (a) of IPC                    R.I. for 7 year, fine Rs. 100/-,
                                       default in payment of fine
                                       amount- 1 month additional
                                       R.I.
U/s. 376 (2)(I) (N) of IPC             R.I. for 10 years, fine Rs. 100/-,
                                       default in payment of fine
                                       amount- 1 month additional
                                       R.I.

Considering the facts & circumstances of the case, the prosecutrix

alongwith her father appeared in person before this Court, she admitted

that she performed marriage with the appellant and through their wedlock

one child has born, there no one to take care of her at her home as her

mother died and her father is mentally unsound. She stated that the

appellant will take care of her, she has no objection to release of the

appellant on bail, during trial the appellant was on bail and he did not

misuse the liberty granted to him, the detention period of the appellant i.e.

more than 2 years, who is 30 years old, final disposal of this appeal is

likely to take some time, without commenting anything on merits of the

case, the application (I.A. No.1/2022) 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.

He shall appear before the Registry of this Court on 11.07.2022

and thereafter appear before the trial Court on a date to be given by the

Registry and thereafter continue to appear before the trial Court on all

such dates as are given to him by the said Court till disposal of this

appeal.

List the case for final hearing in due course.

Sd/-

(Gautam Chourdiya) Judge

Nadim