O R D E R

1. Leave granted.

2. We notice that, in terms of the impugned order, the High Court has refused to entertain the appellants’ application for suspension of sentence awarded by the Trial Court in its judgment dated 14^th December 2016 in Special Sessions Trial No.34/2016, titled as Signature Not Verified Digital“y sSignetd bay te of Chhattisgarh vs. Aaju Nishad and Another” (Page No.69).

KANCHAN CHOUHAN Date: 2025.02.18

18:14:22 IST Reason:

3. The accused, as evident from the record, stands convicted for having committed an offence punishable under Section 376D of the Indian Penal Code, 1860, and sentenced to undergo imprisonment for a period of 20 years, along with fine. We have perused the material placed on record, particularly the testimonies of the victim, especially the prosecutrix. The accused have been behind bars for a period of nine years (approximate).

4. In view of the attending facts and circumstances, we are inclined to suspend the sentence awarded by the Trial Court, as affirmed by the High Court. The appellants be released on bail on the appropriate terms and conditions as may be imposed by the Trial Court.

5. The Trial Court record is instructed to have been received. The Registry is directed to supply digital copy thereof to the learned counsel for the respective parties.

6. List on 28.03.2025.

(D. NAVEEN) (ANU BHALLA)

COURT MASTER (SH) COURT MASTER (NSH)

ITEM NO.49 COURT NO.16 SECTION II-C S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Crl.) No(s).2314-

2315/2025 [Arising out of impugned final judgment and order dated 23-01-2024 in CRA No.201/2017 23-01-2024 in CRA No.426/2017 passed by the High Court of Chhatisgarh at Bilaspur]

AAJU NISHAD PETITIONER(S)

VERSUS THE STATE OF CHHATTISGARH RESPONDENT(S)

IA No. 5204/2025 - EXEMPTION FROM FILING O.T.

Date : 17-02-2025 This matter was called on for hearing today.

CORAM : HON'BLE MR. JUSTICE SANJAY KAROL HON'BLE MR. JUSTICE AHSANUDDIN AMANULLAH For Petitioner(s) :Mr. Ranbir Singh Yadav, AOR Mr. Prateek Yadav, Adv.

Mr. Puran Mal Saini, Adv.

Ms. Anzu K. Varkey, Adv.

For Respondent(s) :Ms. Ankita Sharma, AOR Mr. Arjun D Singh, Adv.

Ms. Poonam Dolo, Adv.

Upon hearing the counsel the Court made the following

O R D E R

1. Leave granted.

2. We notice that, in terms of the impugned order, the High Court has refused to entertain the appellant’s application for suspension of sentence awarded by the Trial Court in its judgment dated 14^th December 2016 in Special Sessions Trial No.34/2016, titled as “State of Chhattisgarh vs. Aaju Nishad and Another” (Page No.69).

3. The accused, as evident from the record, stands convicted for having committed an offence punishable under Section 376D of the Indian Penal Code, 1860, and sentenced to undergo imprisonment for a period of 20 years, along with fine. We have perused the material placed on record, particularly the testimonies of the victim, especially the prosecutrix. The accused has been behind bars for a period of nine years (approximate).

4. In view of the attending facts and circumstances, we are inclined to suspend the sentence awarded by the Trial Court, as affirmed by the High Court. The appellant be released on bail on the appropriate terms and conditions as may be imposed by the Trial Court.

5. The Trial Court record is instructed to have been received. The Registry is directed to supply digital copy thereof to the learned counsel for the respective parties.

6. List on 28.03.2025.

(D. NAVEEN) (ANU BHALLA)

COURT MASTER (SH) COURT MASTER (NSH)