Ravi Kumar Lonia vs State Of Chhattisgarh
2021 Latest Caselaw 3804 Chatt

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               HIGH COURT OF CHHATTISGARH, BILASPUR

                                   Order Sheet

                             CRA No. 1631 of 2021

Ravi Kumar Lonia, S/o Ashok Kumar Lonia, Aged About 20 Years (Presently 21
Years), R/o Darrighat, Masturi, P.S. Masturi, District- Bilaspur (C.G.)
                                                                        ---- Appellant
                                   Versus
State of Chhattisgarh, through the Station House Officer, P.S. Masturi, District-
Bilaspur (C.G.)
                                                                     ---Respondent

20.12.2021 Mr. Bharat Gulabani, counsel for the appellant.

Mr. K.K. Singh, Govt. Advocate for the State/respondent. Heard on admission.

Admit.

Also heard on application for suspension of sentence and grant of bail to the appellant.

By the impugned judgment dated 27.11.2021 passed by the learned Additional Sessions Judge, Second Fast Track Special Court, Bilaspur, District- Bilaspur (C.G.) in Special Criminal Case (POCSO Act) No. 27/2020, the appellant stands convicted, as under:-

                     Conviction                            Sentence
              U/s 354-?k of IPC          : R.I. for 3 years and fine of Rs.1000/-, in
                                           default of payment of fine, 6 months
                                           imprisonment.

U/s 7/8 of POCSO Act, : R.I. for 3 years and fine of Rs.1000/-, in 2012 default of payment of fine, 6 months imprisonment.

Considering the fact that the maximum jail sentence awarded to

the appellant is RI for three years, the appellant was on bail during trial and did not misuse the liberty granted to him and even after conviction, his jail sentence was temporarily suspended by the trial Court under Section 437(A) of Cr.P.C., so as to make him convenient to prefer an appeal and get bail from this Court and further considering the fact that the appeal being of the year 2021, final hearing of the same will likely to take time, I am inclined suspend the sentence of appeal and release him on bail.

Accordingly, application for suspension of sentence and grant of bail is allowed and it is directed that execution of further substantive jail sentence of the appellant shall remain suspended and he shall be released on bail on his executing a personal bond in sum of Rs. 25,000/- with one surety in the like sum to the satisfaction of trial Court for his appearance before the Registry of this Court on 15th February, 2022. He shall thereafter appear before the trial Court on a date to be given by the Registry of this Court and shall continue to appear there on all such subsequent dates as are given to him by the said court till the disposal of this appeal.

Call for the record of the court below within four weeks. List this appeal for final hearing in due course.

Sd/-

(Narendra Kumar Vyas) Judge

Arun