Chattisgarh High Court
Shankarlal @ Amritlal vs State Of Chhattisgarh on 18 February, 2025
1/3
Digitally
signed by
ADITI
ADITI DIWAN
DIWAN KAIWART
KAIWART Date:
2025.02.20
10:59:43
+0530
HIGH COURT OF CHHATTISGARH AT BILASPUR
CRA No. 1147 of 2023
SHANKARLAL @ AMRITLAL versus STATE OF CHHATTISGARH,
Order Sheet
18.02.2025 Mr. Om Prakash Sahu, Advocate for the appellant.
Mr. Vivek Sharma, Panel Lawyer for the respondent-
State.
Notice has been served to the victim on 01.12.2024
but she has not appeared.
Heard on I.A. No.1, which is an application filed under
Section 389 of the Code of Criminal Procedure for
suspension of sentence and grant of bail.
By the impugned judgment of conviction and order of
sentence dated 28.04.2023 passed by learned Additional
Sessions Judge, FTSC (POCSO), Manendragarh in S.T.
No.35/2019, the appellant has been convicted as under:-
Conviction Sentence
Under Section 363 R.I. for 02 years and fine of Rs.500/-,
of the IPC in default of payment of fine
additional R.I. for 01 month
Under Section 366 R.I. for 05 years and fine of Rs.500/-,
of the IPC in default of payment of fine
additional R.I. for 01 month
Under Section R.I. for 10 years and fine of Rs. 500/-,
376(2)(n) of the IPC in default of payment of fine
additional R.I. for 01 year
All sentences are to be run concurrently.
Mr. Om Prakash Sahu, learned counsel for the
appellant submits that the maximum sentence awarded to
the appellant is 10 years and out of which he has completed
more than five years in custody as he is in jail since
25.03.2019 and the final disposal of the appeal is likely to
take time and, therefore, application may be allowed and
appellant may be released on bail.
Mr. Vivek Sharma, learned State counsel would
oppose the application for grant of bail and suspension of
sentence.
I have heard learned counsel for the parties,
considered their submissions made herein above and gone
through the record with utmost circumspection.
Considering the fact that the maximum sentence
awarded to the appellant - Shankarlal @ Amritlal is 10 years
and out of which he has completed over 05 years in custody
as he is in jail since 25.03.2019 and final disposal of the
appeal is likely to take time, I am inclined to grant bail to the
present appellant - Shankarlal @ Amritlal. Accordingly, I.A.
No.1 is allowed.
The substantive jail sentence awarded to the appellant
- Shankarlal @ Amritlal is suspended during the pendency of
this appeal and he is directed be released 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 the Registry
of this Court on 24th of March, 2025. 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/-
(Sanjay K. Agrawal)
Judge
@diti
