Shiv Prasad Rajwade vs State Of Chhattisgarh

Heard on I.A.No. 1 of 2021, which is an application for suspension of sentence and grant of bail to appellant.

Appellant stands convicted under Sections 341 and 354-A(i)(ii) of IPC and Sections 8 and 12 of Protection of Children from Sexual Offences Act,

2012 and sentenced to undergo SI for one month and fine of Rs.100/-, RI for three years and fine of Rs.100/-, RI for three years and fine of Rs.100/-

(on two counts) with usual default stipulations vide judgment dated 3-12-2020 passed by the Additional Sessions Judge (FTC), Surajpur, District

Surajpur (CG) in Special Sessions Case No. 22 of 2019.

Learned counsel for the appellant submits that the appellant has been sentenced to undergo three years for the said offences and out of three years of

jail senence he has already completed more than two years of jail sentence and the appeal will take some time for hearing on merits, therefore, the

substantive jail sentence imposed upon appellant may be suspended and he may be released on bail. Learned State counsel does not dispute the fact

that the appellant has suffered more than half of the jail sentence.

Considering the fact that the appellant has suffered more than two years of jail sentence out of three years which is evident from the record (from 3-

11-2014 to 25-11-2014, from 19-1-2018 to 24-2-2018, from 6-3-2019 to 29-5-2018 and from 8-11-20-19 to 3-12-2020 and hearing of the appeal will

take some time, therefore, I am inclined to suspend the sentence and release the appellant on bail.

According, I.A.No. 1 of 2021, application for suspension of sentence and grant of bail is allowed and it is directed that execution of further substantive

jail sentence imposed on appellant shall remain suspended and he is directed to be released on bail on his executing a personal bond for a sum of

Rs.25,000/- with one surety for the like sum to the satisfaction of the trial Court for his appearance before the Registry of this Court on 23-8-2021. 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.

In view of the above, I.A.No 2 of 2021, application for hearing during summer vacation and I.A.No. 3 of 2021, application for urgent hearing stand

disposed of.