Bhuneshwar Soni vs State Of Chhattisgarh
2021 Latest Caselaw 3024 Chatt

            HIGH COURT OF CHHATTISGARH, BILASPUR
                                  Order Sheet
                            CRA No. 1295 of 2021
 • Bhuneshwar Soni S/o Aganaram Soni Aged About 20 Years R/o Village Sevati
   Police Out Post Bundeli, P.S. Tendukona, District Mahasamun Chhattisgarh.
                                                                   ---- Appellant
                                   Versus
 • State of Chhattisgarh Through Station House Officer, Police Station Tendukona,
   District Mahasamund Chhattisgarh.
                                                                ---- Respondent

1-11-2021 Mr. Arun Kumar Shukla, 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 7-10- 2021 passed by the learned Special Judge (POSCO) Mahasamund, District Mahasamund in Special Criminal Case No. H-22 of 2021 and sentenced as under.

Under Section 341 of IPC SI for one month and fine of Rs.100/-, in default of payment of fine amount further SI for 5 days.

Under Section of Protection SI for one year and fine of of Children from Sexual Rs.500/-, in default of payment of Offences Act, 2012. fine amount further SI for one month.

Under Section 354 of IPC SI for one year and fine of Rs.500/-, in default of payment of fine amount further SI for one month.

Under Section354(D)(1)(i) SI for one year and fine of of IPC Rs.500/-, in default of payment of fine amount further SI for one month.

All the sentences are directed to run concurrently.

Considering the fact that the maximum jail sentence awarded to the appellant is RI for one year, 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