Omprakash Ghritlahare vs State Of Chhattisgarh
2021 Latest Caselaw 3670 Chatt

                                                                                    NAFR

                 HIGH COURT OF CHHATTISGARH, BILASPUR

                                 CRA No. 1026 of 2021

   Omprakash Ghritlahare S/o Ishwari Ghritlahare Aged About 30 Years R/o Village
    Nawagaon Musau, Thana Fasterpur, District Mungeli, Chhattisgarh.

                                                                            ---- Petitioner

                                         Versus

   State Of Chhattisgarh Through The District Magistrate, Kabeerdham, District
    Kabeerdham, Chhattisgarh.

                                                                           ---- Respondent

13/12/2021 Mr. Sunil Sahu, counsel for the appellant.

Mr. Shreshtha Gupta, P.L. for the State.

Heard on admission.

The appeal is admitted for hearing.

Also 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 10.09.2021 passed by the

learned Special Judge (POCSO) Act (FTC) Kabeerdham, C.G. in

Special Criminal Case No.54/2019, the appellant stands convicted

and sentenced as under:

Conviction Sentence

Under Section 363 of Indian Rigorous Imprisonment for five Penal Code years and fine of Rs.500/-, in default of payment of fine amount to undergo further additional rigorous imprisonment for one month.

Under Section 366 of Indian Rigorous Imprisonment for five Penal Code years and fine of Rs.500/-, in default of payment of fine amount to undergo further additional rigorous imprisonment for one month.

Under Section 6 of Protection of Rigorous Imprisonment for ten Children's from Sexual Offences years and fine of Rs.2,000-, in Act 2012 default of payment of fine amount to undergo further additional rigorous imprisonment for three months.

Considering the facts and circumstances of the case and the

statement of the prosecutrix PW-4, no any specific date of birth was

mentioned by the parents of the prosecutrix, considering the

evidence of the parents regarding the gap between their children,

the detention period of the appellant, who is 30 years old, there is

likelihood that the disposal of the appeal would 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 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