Sagar Tandi vs State Of Chhattisgarh
2021 Latest Caselaw 112 Chatt

               HIGH COURT OF CHHATTISGARH, BILASPUR

                                   Order Sheet

                              CRA No. 527 of 2021

  • Sagar Tandi S/o Shri Butu Tandi Aged About 20 Years R/o. Behind Of Haddi
    Godam Krishna Nagar Mureed Nagar, Ward No. - 05 Supela, Thana - Supela,
    Civil And Revenue District - Durg Chhattisgarh

                                                                         ---- Appellant

                                       Versus

  • State Of Chhattisgarh, Through The District Magistrate Durg District - Durg
    Chhattisgarh

                                                                     ---- Respondent

17.05.2021 Mr. Sunil Sahu, Counsel for the appellant.

Mrs. Veena Nair, Dy. A.G. for the State.

Heard on I.A. No. 01/2021, which is the application for suspension of

sentence and grant of bail.

The appellant has been convicted by the judgment/ order dated

22.12.2020 passed by the learned Additional Sessions Judge, First Fast

Track Special Judge (POCSO) Distt. Durg (C.G.) in Special Sessions Trial

No. 08/2018 for the offence punishable under Section 354 of IPC & Section

8 of POCSO Act and sentenced to undergo R.I. for 5 years with fine

sentences and further default stipulations.

Learned counsel for the appellant submits that the nature of the

allegation made is not so grave and the appellant is in jail since 22.12.2020.

He further submits that the appeal is of the year 2021 and the hearing of the

appeal may take some time, therefore, the substantive jail sentence imposed

upon the appellant may be suspended and he may be released on bail.

Learned State counsel opposes the submission.

Considering the nature and degree of allegation made against the

appellant and the fact that the appellant is in jail since 22.12.2020 as also

the fact that the hearing on the merits of appeal will likely to take time, I am

inclined to suspend the sentence and release the appellant on bail.

Accordingly, I.A. No. 01/21 application for suspension of sentence and

grant of bail is allowed.

Execution of further substantive jail sentence imposed on appellant

shall remain suspended and they are directed to be released on bail on their

executing a personal bond for a sum of Rs.25,000/- with one surety for the

like sum to the satisfaction of the concerned Trial Court for their appearance

before the Registry of this Court on 5th August, 2021. He shall thereafter

appear before the concerned 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.

Accordingly, I.A. No. 01 i.e. application for urgent hearing and I.A. No.

02 i.e. application for hearing the matter in summer vacation stands

disposed off. Sd/-

(Goutam Bhaduri) Vacation Judge

Vishakha