Naresh Kumar vs State Of Chhattisgarh
2022 Latest Caselaw 6121 Chatt

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                             HIGH COURT OF CHHATTISGARH, BILASPUR
                                                   Order Sheet

                                         Cr.A. No. 1761 of 2019
          Naresh Kumar S/o Shobhray Markam Aged About 30 Years R/o Village Maandradarha,
           Patel Para, Police Station Narharpur, District Kanker Chhattisgarh.

                                                                                             ---- Appellant

                                                     Versus

          State Of Chhattisgarh Through The Police Station Narharpur, District Kanker
           Chhattisgarh.

                                                                                          ---- Respondent

29.09.2022 Shri Varunendra Mishra, counsel for the Appellant.

Shri B. L. Sahu, Panel Lawyer for the State/Respondent.

Heard on I.A. No.02/2019, an application for suspension of sentence and grant of

bail.

By virtue of the impugned judgment of conviction and order of sentence dated

17.09.2018 passed by learned Special Judge (Atrocities), North Bastar, Kanker (C.G.) in

Special (Atrocities) Case No.15/2018 (Crime No.02/2018), the Appellant stands convicted

and sentenced as under:-

                            Conviction                               Sentence

                        U/s 363/34 of IPC     R.I. for 3 years and fine of Rs.100/- and in default of
                                              payment of fine additional R.I. for 1 month.

U/s 370(4)/34 of IPC R.I. for 10 years and fine of Rs.100/- and in default of payment of fine additional R.I. For 1 month.

(sentence already undergone to be adjusted) All the sentences are to run concurrently.

Learned counsel appearing for the Appellant submits that the Appellant is innocent

and has been falsely implicated in connection with the said crime. While referring to the

statement of the father of the victim, examined as PW-10, particularly, paragraph 10 of his

statement, it is submitted that he himself has admitted the fact that his son/victim was not

restrained by the present Appellant, however, without considering the said material piece of

evidence, the Appellant has been held liable for the commission of said crime. Further

contention of him is that the Appellant is in jail since 17.01.2018 and if the remaining jail

sentence is allowed to be continued, the very purpose of filing of this appeal would be

frustrated. It is, therefore, submitted that looking to the detention period of the Appellant, he

may be enlarged on bail, pending decision of this appeal.

On the other hand, learned counsel appearing for the Respondent/State has

opposed the said application.

I have heard learned counsel appearing for the parties and perused the entire

record carefully.

Having considered the facts and circumstances of the case, considering further that

the Appellant is in jail since 17.01.2018, i.e., he has served more than four years eight

months out of ten years maximum jail sentence awarded to him and that by considering

further that the hearing of this appeal will take some more time, I am, therefore, inclined to

allow the said application.

Accordingly, I.A. No.02/2019 is allowed and it is directed that the 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 of Rs.25,000/-

along with one surety of like sum to the satisfaction of the concerned trial Court for his

appearance before the Registry of this Court on 22 nd November, 2022 and thereafter to

appear before the concerned trial Court on a date to be given to him by the Registry of this

Court and shall continue to appear on such subsequent dates as are given to him by the

said Court, till the final disposal of this appeal.

I.A. No.02/2019 stands disposed of.

Let the matter be listed for final hearing in its turn.

Certified copy, as per rules.

Sd/-

(Sanjay S. Agrawal) Judge

Nikita