Sahadan Ram vs State Of Chhattisgarh
2023 Latest Caselaw 182 Chatt

                                                                                     NAFR

                         HIGH COURT OF CHHATTISGARH, BILASPUR

                                           CRA No. 226 of 2016

                 Sahadan Ram S/o Nandev Ram, Aged About 25 Years, R/o Village
                   Mendrakala, Chowki Manipur, P.S. Ambikapur, Civil And Revenue
                   District Sarguja, Chhattisgarh.
                                                                              ---- Appellant

                                                 Versus

                 State Of Chhattisgarh Through Police Chowki Manipur, P.S.
                  Ambikapur, District Sarguja, Chhattisgarh.
                                                             ---- Respondent

Mr. Gajendra Kumar Sahu, Advocate for appellant.

10.01.2023 Mr. Ghanshyam Patel, Govt. Advocate, for State.

Heard on I.A. No. 02/2022, which is an application for suspension of sentence and grant of bail.

The appellant has been convicted for the offence under Sections 363, 366, 376(1) of IPC & 3(A)/04 of Protection of Children from Sexual Offences Act and sentenced to undergo imprisonment for five years u/s 363, seven years u/s 366 and RI for ten years u/s 376(1) and 3(A)/04 with fine of Rs.1,000 on each count with default stipulations vide judgment dated 28.12.2015 passed by the Additional Sessions Judge. F.T.C., Sarguja (Ambikapur) in Sessions Case No.17/2014.

The appeal is of the year 2016. The appellant is in jail since 08.02.2014, as such he has completed one month short of nine years jail sentence.

In terms of the previous order of this Court the victim was noticed.

Today, the victim is connected virtually from the office of DLSA, Ambikapur. On a query being put to the victim, she has also given her consent and no objection for releasing the appellant on bail.

Learned counsel for appellant submits that the appellant has already completed almost nine years of jail sentence out of the maximum sentence of 10 years imposed upon him. He submits that the appeal being of the year 2016, there is no likelihood of its early final disposal. He further submits that the appellant is ready to abide by any condition to be put by the Court. Thus, prayed for grant of bail to the appellant.

State counsel, on the other hand, opposes the bail application and submits that the appellant also stands convicted under the provisions of Protection of Children from Sexual Offences Act as the victim at the relevant point of time was a minor.

Taking into consideration the entire facts and circumstances of the case particularly the period of custody already undergone by the appellant i.e. almost 9 years by now out of the total 10 years of sentence and also considering the fact that the appeal being of the year 2016 it may still take some more time for its final disposal, this Court is of the opinion that prima facie, a strong case for grant of bail to the appellant has been made out.

Accordingly, I.A. No. 02/2022 for suspension of sentence and grant of bail is allowed.

It is directed that the substantive jail sentence imposed upon the appellant shall remain suspended during the pendency of this appeal and he will be released on bail on his furnishing personal bond in the sum of Rs.25,000/- with two sureties for like sum to the satisfaction of the concerned trial Court directing his presence before the trial Court on 15th February, 2023 and thereafter on all such dates as would be given to him by the Trial Court till disposal of the appeal.

Let this case be listed for final hearing before the appropriate Bench.

Sd/-

(P. Sam Koshy) JUDGE

Khatai