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(2025) Law Today Live Doc. Id. 20410
Decided on: 10.09.2025
For Petitioner(s):
Mr. Tushar Manohar Khairnar, AOR, Mr. Mohammad Afroz Attar, Adv., Ms. Aishwarya Sudhir, Adv.
For Respondent(s):
Ms. Sugandha Jain, Standing Counsel For State Of Chhattisgarh, Adv. Mr. Prabodh Kumar, AOR
Code of Criminal Procedure, 1973 (2 of 1974), Section 389(2) -- Suspension of sentence – Appeal pending -- Three years’ rigorous imprisonment along with fine u/s 147, 148, 323, 325, 354 149 IPC and Section 8 of POCSO Act – Despite sincere endeavour, the High Court has not been able to decide the appeal finally -- Right to appeal is a statutory right – Appellants are in custody -- Hearing of the appeal carried by the appellants does not seem to be imminent -- It could amount to a miscarriage of justice if the appellants were made to serve out such term without the appeal being heard -- Sentence suspended, appellants ordered to be released on bail.
(Para 2-6)
ORDER
1. Leave granted.
2. The High Court of Chhattisgarh at Bilaspur by the impugned judgment and order dated 11th March, 2025 has declined the prayer of the six appellants for suspension of sentence under Section 389(2) of the Code of Criminal Procedure, 1973.
3. While all the appellants have been convicted for commission of offences punishable under Section(s) 147, 148, 323, 325 and 354 read with Section 149 of the Indian Penal Code, 1860, two of these have also been convicted under Section 8 of the POCSO Act, 2012. All of them have been sentenced to three years’ rigorous imprisonment along with fine.
4. Challenging the conviction and sentence, the appellants have filed an appeal1 [1CRA No. 2163 of 2024] before the High Court. Despite sincere endeavour, the High Court has not been able to decide the appeal finally. 5. The right to appeal is a statutory right. The appellants are in custody. Pendency of criminal appeals in each high court is quite high. Hearing of the appeal carried by the appellants does not seem to be imminent. Considering the term specified in the order of sentence imposed upon the appellants, it could amount to a miscarriage of justice if the appellants were made to serve out such term without the appeal being heard. This aspect does not appear to have engaged the consideration of the High Court. In such view of the matter, we are inclined to suspend the sentence and release the appellants from custody.
6. The appellants shall be released on bail, subject to furnishing bonds to the satisfaction of the trial court as well as such other terms and conditions imposed by such court.
7. The High Court may proceed to hear the appeal expeditiously. In the event the appellants unnecessarily seek adjournments or do not diligently participate in the appellate proceedings, the High Court shall be at liberty to pass appropriate order in accordance with law.
8. The appeal is, accordingly, allowed on the aforesaid terms.
9. Pending application(s), if any, stand disposed of.
Appeal allowed.
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