Sanjay Banjare vs State Of Chhattisgarh
2021 Latest Caselaw 3730 Chatt

Citation : 2021 Latest Caselaw 3730 Chatt
Judgement Date : 15 December, 2021

Chattisgarh High Court

Sanjay Banjare vs State Of Chhattisgarh on 15 December, 2021

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               HIGH COURT OF CHHATTISGARH, BILASPUR
                            Order Sheet
                         Criminal Appeal No. 1481 of 2021

    Sanjay Banjare, son of Santosh Kumar Banjare, aged 21 years, resident of Bineka,
     Police Station Simga, District Balodabazar-Bhatapara (CG)

                                                                            ----- Appellant    s




                                     versus
    State of Chhattisgarh, through the Police Station Simga, District Balodabazar-
     Bhatapara
                                                                         ----- Respondent

15/12/2021 Ms. Supriya Upasane, Advocate for the appellant.

Shri Priyanshu Gupta, Panel Lawyer 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 02.11.2021 passed by the Special Judge (POCSO Act, 2012), Bhatapara, District Balodabazar-Bhatapara (C.G.) in Special Criminal Case No. 34/2019, the appellant stands convicted and sentenced as under:

Conviction Sentences
Under Section 354 (?k) of IPC R.I. for two years and fine of
Rs.200/-, in default of payment
of fine to further undergo R.I. for
one month
Under Section 354 (?k) of IPC R.I. for two years and fine of
Rs.200/-, in default of payment
of fine to further undergo R.I. for
one month
Under Section 341 of IPC R.I. for one month and fine of
Rs.100/-, in default of payment
of fine to further undergo R.I. for
one day
Under Section 341 of IPC R.I. for one month and fine of
Rs.100/-, in default of payment
of fine to further undergo R.I. for
one day
Under Section 12 of POCSO Act R.I. for two years and fine of
Rs.200/-, in default of payment
of fine to further undergo R.I. for
one month

Under Section 12 of POCSO Act R.I. for two years and fine of
Rs.200/-, in default of payment
of fine to further undergo R.I. for
one month

Considering the material available on record, particularly considering the

short sentences awarded to the appellant i.e. two years R.I., he was on bail

during trial, he did not misuse the liberty so granted, the statement of the

prosecutrix (PW-2) & other witnesses, age of the prosecutrix & appellant, the

fact that appellant has no criminal antecedents, 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