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DINESH MAHESHWARI, ANIRUDDHA BOSE
Jeetu Khatik – Appellant
Versus
State Of Chhattisgarh – Respondent
ORDER :
Leave granted.
1. The challenge herein is to the order dated 09.11.2021, whereby the High Court of Chhattisgarh at Bilaspur has declined the prayer for suspension of execution of sentence during the pendency of Criminal Appeal No. 1219 of 2021.
2. The appeal aforesaid has been filed by the petitioner-appellant against the judgment and order dated 24.09.2021 passed by the Additional Sessions Judge (F.T.C.), Manendragarh, District Koriya, Chhattisgarh in Special Criminal Case No. 15 of 2019.
3. The substance of the accusation against the appellant had been that he kidnapped the 9-year-old victim from the custody of her legal guardian and with intention to outrage her modesty, used criminal force and with sexual intention, held her hand so as to forcefully take her to a place away from road. It had been the prosecution’s case that the victim got released her hand and ran while shouting. The Trial Court found the appellant guilty and after recording conviction awarded sentences as follows: -
| Conviction | Sentence |
| Under Section 363 of Indian Penal Code. | R.I. for 2 y |
The Court emphasized that in cases where the maximum sentence is relatively short and the appeal is likely to take time to be heard, the absence of adverse reasons can be compelling reasons for the s....
Suspension of sentence for fixed terms must consider statutory principles to avoid rendering appeals futile.
The main legal point established in the judgment is the discretionary power of the appellate court to suspend the sentence pending appeal, the need for liberal consideration of such suspension, and t....
The main legal point established in the judgment is the liberal consideration for suspension of sentence pending appeal, the exercise of judicious discretion in granting bail and suspending sentences....
Suspension of sentence – When a convicted person is sentenced to a fixed period of sentence and when he files appeal under any statutory right, suspension of sentence should be considered by Appellat....
The court determines that bail should be granted pending appeal where there is a considerable delay in proceedings and the sentenced term is not life imprisonment.
Suspension of sentence during appeal requires assessment of prima facie merits and exceptional circumstances, balancing incarceration duration against the nature of the conviction.
The court granted bail pending appeal, emphasizing the right to appeal and the potential injustice of prolonged incarceration if the conviction is later overturned.
The High Court's denial of suspension of sentence was unjustified given the appellant's lengthy imprisonment and the need for timely appeal consideration.
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