Nilesh Gole @ Chhota vs State Of Chhattisgarh
2021 Latest Caselaw 3726 Chatt

                                                                                  NAFR

                 HIGH COURT OF CHHATTISGARH, BILASPUR

                                 CRA No. 1096 of 2021

   Nilesh Gole @ Chhota, S/o Awdhesh Gole, aged about 25 Years, R/o Atal Awas
    Sarkanda, District Bilaspur, Chhattisgarh.

                                                                            ----Appellant

                                         Versus

   State of Chhattisgarh, Through Station House Officer, Police Station Sarkanda,
    District Bilaspur, Chhattisgarh.

                                                                         ---- Respondent

15/12/2021 Mr. Achyut Tiwari, counsel for the appellant.

Ms. Binu Sharma, 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 15.09.2021 passed by the learned

Additional Sessions Judge/ First F.T.S.C. (POCSO), Bilaspur, District

Bilaspur (C.G.) in Special Sessions Case No.26/2019, the appellant stands

convicted and sentenced as under:

Conviction Sentence

Under Section 363 of Indian Rigorous Imprisonment for one Penal Code year and fine of Rs.100/-, in default of payment of fine amount to undergo further additional rigorous imprisonment for three months.

Under Section 366-A of Indian Rigorous Imprisonment for one Penal Code year and fine of Rs.100/-, in default of payment of fine amount to undergo further additional rigorous imprisonment for three months.

Under 05(1)/06 of Protection of Rigorous Imprisonment for ten Children from Sexual Offences years and fine of Rs.300/-, in Act. default of payment of fine amount to undergo further additional rigorous imprisonment for one year.

Prosecutrix is present in person and she is duly identified by

appellant's counsel. She submits that she has already performed marriage

with the appellant and out of their wedlock one child is born.

Considering the facts and circumstances of the case, the depositions

of PW-1 Prosecutrix and PW-8 Jagganath Sonkhare, father of the

prosecutrix and the entire evidence available on record, the detention

period of the appellant, the fact that the appellant was on bail during trial

and did not misuse the liberty granted to him 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 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.

Sd/-

Gautam Chourdiya Judge

Akhilesh