NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
CRA No. 1697 of 2021
Ashok Sahu, S/o Balla Sahu, aged about 21 Years, R/o Near Shitla Mandir,
Hirapur P. S. Kabir Nagar, District Raipur, Chhattisgarh.
----Appellant
Versus
State of Chhattisgarh, Through P. S. Kabir Nagar, District Raipur, Chhattisgarh.
---- Respondent
14/01/2022 Mr. F.S. Khare, counsel for the appellant.
Mr. Adil Minhaj, G.A. for the State.
Heard on I.A. No.01 of 2021, application for suspension of sentence and grant of bail to the appellant.
By the impugned judgment dated 30.11.2021 passed by the Additional Sessions Judge / 2nd Fast Track Special Court, District Raipur, C.G., in Special Criminal (POCSO) Case No.96/2018, the appellant stands convicted and sentenced as under:
Conviction Sentence Under Section 354 of Indian Rigorous Imprisonment for three Penal Code years and fine of Rs.500/-, in default of payment of fine amount to undergo further additional rigorous imprisonment for two months Under Section 8 of the POCSO Rigorous Imprisonment for three Act years and fine of Rs.500/-, in default of payment of fine amount to undergo further additional rigorous imprisonment for two months Considering the facts and circumstances of the case, in particular the fact that the maximum sentence awarded to the appellant is of three years, the appellant was on bail during trial and did not misuse the liberty granted to him, the material available on record and that due to COVID- 19 pandemic, disposal of the appeal is likely to take some time, without expressing any opinion on the merits of the case, I am of the opinion that present is a fit case to suspend the jail sentence imposed upon the appellant and to release him on bail.
Accordingly, the application (I.A. No.01 of 2021) is allowed. It is directed that the execution of substantive jail sentence imposed upon the appellant shall remain suspended during the pendency of this appeal and he shall be released on bail on his furnishing a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the trial Court. He shall appear before the Registry of this Court on 09.05.2022 and thereafter appear before the trial Court on a date to be given by the Registry and thereafter continue to appear before the trial Court on all such dates as are given to him by the said Court till disposal of this appeal.
List the case for final hearing in due course.
Sd/-
Gautam Chourdiya Judge Akhilesh