Amardas vs State Of Chhattisgarh
2021 Latest Caselaw 3020 Chatt

            HIGH COURT OF CHHATTISGARH, BILASPUR
                                  Order Sheet
                             CRA No. 1301 of 2021
 • Amardas S/o Dhanwa Ram Aged About 19 Years R/o Baradera, Satnami Para,
   Villge Dhansuli, Police Station Vidhansabha, District Raipur Chhattisgarh.,
                                                                   ---- Appellant
                                    Versus
 • State Of Chhattisgarh Through The District Magistrate, Raipur, District Raipur
   Chhattisgarh.
                                                                ---- Respondent

1-11-2021 Mr. Shiivendu Pandya, counsel for the appellant.

Mr. Adil Minhaj, Govt. Advocate for the State. Heard Admit.

Call for the records.

Also heard on I.A.No. 1 of 2021, which is an application for suspension of sentence and grant of bail to the appellant.

The appellant stands convicted by the judgment dated 28-9- 2021 passed by the learned Additional Sessions Judge, Second Fast Track Special Court, Raipur, District Raipur in Special Criminal Case (POSCO Act) No. 103/2017 and sentenced as under.

                     Under Section12 of      RI for three years and fine amount
                     the Protection of       of Rs.1000/-, in default of payment
                     Children from Sexual    of fine amount, additional RI for
                     Offences Act, 2012      three months.
                     Under section 354       RI for three years and fine amount
                     A((1)(i) which          of Rs.1000/-, in default of payment
                     punishable under        of fine amount, additional RI for
                     Section 354-A(2) IPC    three months.
                                        Both sentences are directed to run
                                       concurrently.

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, I.A.No.1 of 2021 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 21-11-2021. 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.

Certified copy today.

Sd/-

(Narendra Kumar Vyas) Judge Raju