Mukuchand vs State Of Chhattisgarh
2021 Latest Caselaw 3633 Chatt

                                                                                 NAFR

                 HIGH COURT OF CHHATTISGARH, BILASPUR

                                 CRA No. 1276 of 2021

   Mukuchand, S/o Muritram Kenvat, aged about 20 Years (Presently 22 Years), R/o
    Phalgopara, Sellar, Police Station Seepat, District Bilaspur (Chhattisgarh).

                                                                           ---- Appellant

                                        Versus

   State of Chhattisgarh, Through Station House Officer, Police Station Seepat,
    District Bilaspur, (Chhattisgarh).

                                                                        ---- Respondent

10/12/2021 Mr. Lavkush Kumar Sahu, counsel for the appellant.

Dr. (Ms.) Veena Nair, Deputy A.G. 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 21.10.2021 passed by the

Additional Sessions Judge, 2nd Fast Track Special Court, Bilaspur,

C.G., in Special Criminal Case (POCSO Act) No.134/2018, the

appellant stands convicted and sentenced as under:

                          Conviction                        Sentence

               Under Section 456 of Indian Rigorous    Imprisonment      for
               Penal Code                  three years and fine of Rs.500/-,
                                           in default of payment of fine
                                           amount to undergo further
                                           additional imprisonment for six
                                           months

               Under Section 354 of Indian Rigorous    Imprisonment            for
               Penal Code                  three years and fine                 of
                                           Rs.1,000/-,   in   default           of
                                     payment of fine amount to
                                    undergo   further     additional
                                    imprisonment for six months

Under Section 323 of Indian Rigorous Imprisonment for one Penal Code year and fine of Rs.500/-, in default of payment of fine amount to undergo further additional imprisonment for three months

Under Section 7/8 of Rigorous Imprisonment for Protection of Children from three years and fine of Sexual Offences Act, 2012 Rs.1,000/-, in default of payment of fine amount to undergo further additional imprisonment for six 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 detention period of the appellant, the

appellant has no criminal antecedents 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 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 12.04.2022 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