Lukeshwar Sahu vs State Of Chhattisgarh
2021 Latest Caselaw 33 Chatt

                                                                                       NAFR

                 HIGH COURT OF CHHATTISGARH, BILASPUR

                                    CRA No. 37 of 2021

   Lukeshwar Sahu, S/o Maneshwar @ Mannu, aged about 23 Years, R/o Village
    Rampur, Police Station Bhakhara, District Dhamtari, Chhattisgarh.

                                                                              ----Appellant

                                           Versus

   State of Chhattisgarh, Through Police Station Bhakhara, District Dhamtari,
    Chhattisgarh.

                                                                           ---- Respondent

05/04/2021 Shri Anil Gulati, Advocate on behalf of Shri H.A.P.S. Bhatia,

Advocate for the appellant.

Shri Vimlesh Bajpai, Government Advocate 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 11.12.2020 passed by the

Special Judge POCSO (F.T.C.), Dhamtari, District Dhamtari, C.G., in

Special Criminal Case No.45/2019, the appellant stands convicted

and sentenced as under:

                       Conviction                           Sentence

             Under Section 354 of Indian       Rigorous Imprisonment for three
             Penal Code and Section 8 of       years and fine of Rs.2,000/-, in
             Protectin of Children from        default of payment of fine amount to
             Sexual Offences Act               undergo       further      additional
                                               imprisonment for 3 months

Learned counsel for the appellant submits that the trial Court has not properly appreciated the overall evidence available on

record for holding the appellant guilty. He further submits that there

are major contradictions and omissions in the statements of the

prosecution witnesses. The appellant was on bail during trial as

also after passing of the impugned judgment for a limited period

and did not misuse the liberty granted to him. He submits that the

appellant has already deposited the entire fine amount with the trial

Court. The disposal of the appeal is likely to take some time.

Therefore, the appellant be released on bail.

On the other hand, learned counsel for State opposes the bail

application.

Heard learned counsel for the parties.

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 fact that he was on bail during trial

as well as after passing of the impugned judgment for a limited

period and did not misuse the liberty granted to him, he has already

deposited the fine amount and that 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 for a sum of Rs.50,000/- with two sureties

of Rs.25,000/- each to the satisfaction of the trial Court. He shall

appear before the trial Court on 12.05.2021 and thereafter continue

to appear there on all such dates as are given to him by the said

Court till disposal of this appeal.

Sd/-

(Gautam Chourdiya) Judge

Akhilesh