Somi Khan @ Arsad Ali vs State Of Chhattisgarh
2021 Latest Caselaw 3561 Chatt

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                   HIGH COURT OF CHHATTISGARH, BILASPUR
                                Order Sheet

                                     CRA No. 1398 of 2021

      Somi Khan @ Arsad Ali, S/o Asgar Ali, Aged About 18 Years, R/o Kelabadi,
       Ward No. 4, Behind Mosque, Durg, Police Station Durg, District Durg,
       Chhattisgarh.                                       ---- Appellant

                                             Versus

      State  of Chhattisgarh, Through-            Police    Station   Durg, District Durg,
       Chhattisgarh.                                                       ---- Respondent

08.12.2021 Shri Arvind Shrivastava, counsel for the appellant.

Shri C. B. Kesharwani, P. L. for the State.

Heard on I.A. No. 01/2021, application for suspension of sentence and grant of bail.

The appellant has been convicted and sentenced by the judgment of conviction and order of sentence dated 27.10.2021 passed in Special Session Case (POCSO) No. 48/2019 by the Additional Sessions Judge, Fourth F.T.C., Durg, District- Durg (C.G.) as under:-

                               Conviction                              Sentences
                    Under Section 8 of Protection           R.I. for 3 years and fine of Rs.
                    of    Children    from     Sexual       2,000/- in default of payment
                    Offences Act, 2012                      of fine amount additional S.I.
                                                            for 1 month.





     Section 12 of Protection of           R.I. for 1 month and 12 days
     Children from Sexual Offences        with fine of Rs. 2,000/- and in
     Act, 2012                            default of payment of fine
                                          amount additional S.I. for 1
                                          month.
                                          All    sentences      to    run
                                          concurrently.

Learned counsel for the appellant submits that there is no reliable evidence against the present appellant to involve him in this case, essential ingredient of the offence for convicting the appellant is missing, the appellant was on bail during trial and he did not misuse the liberty granted to him and disposal of this appeal is likely to take some time, therefore, the appellant be released on bail.

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

Considering the facts & circumstances of the case, the short sentence has been imposed upon the appellant, he was on bail during trial and did not misuse the liberty granted to him, final disposal of this appeal is likely to take some time, without commenting anything on merits of the case, the application 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.2,00,000/- with two sureties of Rs.1,00,000/- each to the satisfaction of the trial Court. He shall appear before the Registry of this Court on 08.03.2022 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.

Certified copy as per rules. ist Sd/-

(Gautam Chourdiya) Judge

Nadim