Santoshi Sahu vs State Of Chhattisgarh
2023 Latest Caselaw 439 Chatt

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                    HIGH COURT OF CHHATTISGARH, BILASPUR
                                  Order Sheet
                                   CRA No. 889 of 2021
  1) Santoshi Sahu W/o Tularam Sahu Aged About 35 Years R/o Village Temri, P. S. City
     Kotwali, Mungeli District Mungeli Chhattisgarh
  2) Durgesh Sahu S/o Krishna Sahu Aged About 24 Years R/o Village Temri, P. S. City
     Kotwali, Mungeli District Mungeli Chhattisgarh
                                                                              ---- Appellants
                                          Versus
   State Of Chhattisgarh Through P. S. Mungeli District Mungeli Chhattisgarh
                                                                             --- Respondent

20.01.2023 Mr. Rajesh Jain, Counsel for the appellants.

Mr. Vinod Tekam, P. L. for the State/respondent.

Heard on I.A.No.01/2023, application for suspension of sentence and grant of

bail to appellant No.2 Durgesh Sahu.

This is second application for suspension of sentence and grant of bail, first

application was dismissed as withdrawn vide order dated 04.08.2022 with liberty to

revive after completion of half of the jail sentence imposed upon the appellants.

By the impugned judgment of conviction and order of sentence dated

02.08.2021 passed by the learned Special Judge (F.T.S.C.) POCSO Act Mungeli,

District-Mungeli (C.G.) in Special Criminal Case No.52/2017, the appellant No.2 has

been convicted and sentenced in the following manner:-

Conviction Sentence Under Section 366 of I.P.C. R.I. for 5 years and fine of Rs.

2,000/- in default of payment of fine additional S.I. for 2 months.

Under Section 376(2) of I.P.C. RI for 10 years and fine of Rs.2,000/- and in default of payment of fine Additional S.I. for 2 months.

Under Section 506 Part-II of R. I. For 2 years and fine of I.P.C. Rs.1,000/- in default of payment of fine Additional S.I. for 1 month.

Learned counsel for the appellant No.2 submits that the appellant No.2 has

already suffered half of the jail sentence out of 10 years maximum jail sentence

awarded to him and he placed reliance on a recent judgment of the Hon'ble Supreme

Court in case of Satender Kumar Antil Vs. Central Bureau of Investigation &

Another reported in 2022 LiveLaw (SC)577 and the appeal will take some time for

hearing on merits, therefore the substantive jail sentence imposed upon appellant

No.2 may be suspended and he may be released on bail.

State counsel opposes the application for suspension of sentence and grant of

bail.

I have heard learned counsel for the parties, considering the fact that

appellant No.2 has completed half of the jail sentence out of 10 years maximum jail

sentence awarded to him and in view of judgment of Hon'ble the Supreme Court in

the case of Satender Kumar Antil (Supra) and hearing of the appeal on merits will

take some more time, therefore, I am inclined to allow this application.

Accordingly, I.A.No.01/2023 is allowed.

The substantive jail sentence awarded to the appellant No.2 is suspended

during the pendency of this appeal and he is directed to release on bail on his

furnishing a personal bond in the sum of Rs. 25,000/- along with one surety in the like

sum to the satisfaction of the concerned trial Court for his appearance before this

Court on 24th of February, 2023. He shall thereafter appear before Registry of this

Court on a date to be given by him and shall continue to appear on all such

subsequent dates as are given to him by the Registry, till the disposal of this appeal.

Certified copy as per rules.

              List this case for final hearing.                        Sd/-
                                                           (Sachin Singh Rajput)

                                                                    Judge


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