Lakhan Sahu vs State Of Chhattisgarh
2021 Latest Caselaw 3669 Chatt

                                                                                  NAFR

                 HIGH COURT OF CHHATTISGARH, BILASPUR

                                 CRA No. 1430 of 2021

   Lakhan Sahu S/o Shri Ram Sahu Aged About 21 Years R/o Village Badnara,
    Thana Nandghat, District Bemetara Chhattisgarh.

                                                                            ----Appellant

                                         Versus

   State Of Chhattisgarh Through Thana Nandghat, District Bemetara Chhattisgarh.

                                                                         ---- Respondent

13/12/2021 Mr. Samir Singh, counsel for the appellant.

Mr. Anand Verma, Dy. 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 28.10.2021 passed by the

learned Additional Sessions Judge (POCSO) Act (FTC) Distt.

Bemetara, C.G. in Special Sessions Case No.66/2019, the appellant

stands convicted and sentenced as under:

Conviction Sentence

Under Section 342/34 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 rigorous imprisonment for three months.

Under Section 354/34 of Indian Rigorous Imprisonment for three Penal Code years and fine of Rs.1,000/-, in default of payment of fine amount to undergo further additional rigorous imprisonment for six months.

Under Section 8 of Protection of Rigorous Imprisonment for three Children's from Sexual Offences years and fine of Rs.1,000-, in Act 2012 default of payment of fine amount to undergo further additional rigorous imprisonment for six months.

Considering the facts and circumstances of the case, in

particular the age of the appellant i.e. 21 years and that of the

prosecutrix, the fact that the maximum sentence awarded to the

appellant is of three years, he was on bail during trial and even

after passing of the impugned judgment he has been granted bail

for a limited period, he did not use the liberty so granted. The

appellant has no criminal antecedents and the disposal of the

appeal is likely to take some time, without commenting anything 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/- to the satisfaction of the trial Court. He shall

appear before the Registry of this Court on 13.04.2022 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