Mohsin Khan vs State Of Chhattisgarh
2021 Latest Caselaw 3569 Chatt

                                            1

               HIGH COURT OF CHHATTISGARH, BILASPUR
                            Order Sheet
                          Criminal Appeal No. 1273 of 2021

    Mohsin Khan, S/o Ismile Khan, aged about 27 years, R/o - Manas Chowk, Ward No.
     14, Gariyaband, Police Station - Gariyaband, District Gariyaband (C.G.)

                                                                             ----- Appellant    s




                                    versus
    State of Chhattisgarh, through the District Magistrate, Gariyaband, District -
     Gariyaband (C.G.)
                                                                   ----- State/Respondent

08/12/2021 Shri Shivendu Pandya, Advocate for the appellant.

Dr.(Ms.) Veena Nair, Deputy Advocate General for the State. Heard on I.A. No. 01 of 2021, application under Section 389 of Cr.P.C. for suspension of sentence and grant of bail to appellant.

By the impugned judgment dated 04.10.2021 passed by the Additional Sessions Judge, Fast Track Special Court (POCSO & Rape Cases), Gariyaband, District Gariyaband (C.G.) in New POCSO Case No. 37/2020, the appellant stands convicted and sentenced as under:

                              Conviction                             Sentences
                  Under Section 8 of the Protection       R.I. for three years and fine of
                  of Children from Sexual Offences        Rs.600/-, in default of payment
                  Act, 2012                               of fine to further undergo S.I. for
                                                          three months
                  Under Section 354 of IPC                R.I. for one year and fine of
                                                          Rs.200/-, in default of payment
                                                          of fine to further undergo S.I. for
                                                          one month
                  Under Section 354 (A) of IPC            R.I. for one year and fine of
                                                          Rs.200/-, in default of payment
                                                          of fine to further undergo S.I. for
                                                          one month
                                    All the sentences to run concurrently

Considering the material available on record, particularly considering the

age of the appellant who is 27 years old at the time of incident, he has no

criminal antecedent, during trial he was on bail, presently he is on bail granted

by the trial Court for a limited period, he did not misuse the liberty so granted,

and disposal of this appeal is likely to take some time, without further

commenting on merit, 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

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 07th February,

2022 and thereafter shall appear before the trial Court on a date to be given by

the Registry and shall continue to appear there on all such dates as are given to

him by the said Court till disposal of this appeal.

Certified copy as per rules.

List this appeal for final hearing in due course.

Sd/-

(Gautam Chourdiya) Judge

vatti