Ravi Sahu vs State Of Chhattisgarh
2021 Latest Caselaw 3023 Chatt

            HIGH COURT OF CHHATTISGARH, BILASPUR
                                  Order Sheet
                             CRA No. 1293 of 2021
 • Ravi Sahu S/o Rajkumar Sahu Aged About 23 Years Resident Of Kharkena,
   Police Station Hirri, District Bilaspur Chhattisgarh.
                                                                      ---- Appellant
                                    Versus
 • State Of Chhattisgarh Through The Station House Officer, Police Station Hirri,
   District Bilaspur Chhattisgarh.
                                                                   ---- Respondent

1-11-2021 Mr. Vipin Singh Thakur, 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 6-10- 2021 passed by the learned Additional Sessions Judge, Second Fast Track Special Court, Bilaspur in Special Criminal Case (POSCO Act) No. 115 of 2018 and sentenced as under. Under Section 341 of IPC 1 month SI and fine of Rs. 500/-, in default of payment of fine to further undergo 7 days additional imprisonment.

Under section 452 of IPC RI for 3 years and fine of Rs.

500/-, in default of payment of fine to further undergo six months additional imprisonment.

             Under Section 323 of IPC         RI for 1 year and fine of Rs.500/-,
                                              in default of payment of fine, to
                                              further    undergo    3    months
                                              additional imprisonment.
 Under Section 506 Part 2        RI for 3 years and fine of Rs.
of IPC                          500/-, in default of payment of fine
                                to further undergo six months
                                additional imprisonment.
Under Section 509 of IPC        SI for 3 years and fine of Rs.

500/-, in default of payment of fine to further undergo six months additional imprisonment.

Under Section 354 of IPC RI for 3 years and fine of Rs.

500/-, in default of payment of fine to further undergo six months additional imprisonment.

Under Section 7/8 of RI for 3 years and fine of Rs. Protection of Children from 500/-, in default of payment of fine Sexual Offences Act, 2012 to further undergo six months additional imprisonment.

All the 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 itself.

Sd/-

(Narendra Kumar Vyas) Judge Raju