Chattisgarh High Court
Kapil Agrawal @ Kapil Sharma @ Prashant @ ... vs State Of Chhattisgarh on 23 February, 2023
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
CRA No. 325 of 2020
Kapil Agrwal @ Kapil Sharma @ Prashant @ Monu, S/o Shri Ramesh Agrwal, aged 24 year,
R/o Hanuman Nagar, P/S Gola Ka Mandir, Distt. Gwalior, MP, Present Address Gandhi
Nagar, Rajabadi House of Pradeep Bangali Pandri, P/S Civil Line, Distt. Raipur, CG, Civil &
Revenue Distt. Raipur (CG) ---- Appellant
In Jail
Versus
State Of Chhattisgarh Through P/S Civil Line, Raipur, CG ---- Respondent
23/02/2023 Mr. Ajay Mishra, counsel for the appellant.
Mr. Ghanshyam Patel, GA for the State.
Heard on IA No.02/2022, application for suspension of sentence of sentence and grant of bail to the appellant.
By the impugned judgment dated 13.1.2020 passed by Additional Sessions Judge, First Fast Tract Special Court, Raipur in Special Criminal Case No.67/2018, the appellant has been convicted under Sections 363 and 376(2)(n) of IPC and sentenced to undergo RI for two years, fine of Rs.500/- and RI for 10 years, fine of Rs.5,000/- with default stipulations respectively.
Learned counsel for the appellant submits that the trial Court has convicted the appellant without there being any legally admissible evidence against him. The earlier application for suspension of sentence was withdrawn with liberty to revive the same after completion of five years of jail sentence. The appellant is in jail since 8.2.2018 and as such, he has completed more than half of the jail sentence. Therefore, the appellant may be released on bail.
On the other hand, learned counsel for the State opposes the bail application.
The prosecutrix along with her father appears through video conferencing with the aid of DLSA, Raipur and raises objection to release of the appellant on bail.
Considering the facts and circumstances of the case, in particular the detention period of the appellant and that disposal of this appeal is likely to take some time, without commenting anything on merits of the case, this Court is of the opinion that present is a fit case to release the appellant on bail. Accordingly, the application is allowed.
It is directed that execution of the substantive jail sentence imposed upon the appellant shall remain suspended during pendency of this appeal and he shall be released on bail on his executing a personal bond for a sum of Rs. 25,000/- with two sureties of the like sum to the satisfaction of the trial Court, for his appearance before the Registry of this Court on 04th May, 2023. He shall thereafter appear before the concerned trial Court on a date to be given by the Registry of this Court and thereafter, continue to appear before the trial Court on all such subsequent dates as are given to him by the said Court till disposal of this appeal.
sd/ (Rajani Dubey) Judge khan