Santosh Kumar Vishwakarma vs State Of Chhattisgarh
2021 Latest Caselaw 3334 Chatt

                                                                                NAFR

                   HIGH COURT OF CHHATTISGARH, BILASPUR

                                   CRA No. 1171 of 2021

    Santosh Kumar Vishwakarma, S/o Pyarelal Vishwakarma, aged about 24 Years,
     R/o Temco Company, Rasmada, Police Station Anjora, District Durg, Chhattisgarh.

                                                                          ----Appellant

                                           Versus

    State of Chhattisgarh, Through the Police Station Ambagarh Chowki, District
     Rajnandgaon, Chhattisgarh.

                                                                       ---- Respondent

26/11/2021 Mr. Ashwin Panickar, counsel for the appellant.

Ms. Deepti Shukla, P.L. for the State.

Heard on I.A. No.01 of 2021, application for suspension of

sentence and grant of bail to the appellant.

By the impugned judgment dated 07.09.2021 passed by the

Additional Sessions Judge, Fast Track Special Court (POCSO),

Rajnandgaon, C.G., in Special Criminal (POCSO) Case No.08/2019, the

appellant stands convicted and sentenced as under:

Conviction Sentence

Under Section 363 of the Indian Rigorous Imprisonment for Penal Code three years and fine of Rs.500/-, in default of payment of fine amount to undergo further additional rigorous imprisonment for three months

Under Section 366 of the Indian Rigorous Imprisonment for Penal Code three years and fine of Rs.500/-, in default of payment of fine amount to undergo further additional rigorous imprisonment for three months

Under Section 6 of Protection of Rigorous Imprisonment for ten Children from Sexual Offences Act, years and fine of Rs.1,000/-, in 2012 default of payment of fine amount to undergo further rigorous imprisonment for three months

(All sentences were directed to run concurrently)

Considering the facts and circumstances of the case, in particular

the deposition of prosecutrix where she has stated that she was living

with the appellant as husband and wife, the depositions of other

witnesses, the age of the prosecutrix mentioned by her parents, the

detention period of the appellant, who is 24 years old and that disposal of

the appeal is likely to take some time, without expressing any opinion on

the merits of the case, I am of the opinion that present is a fit case to

suspend the jail sentence imposed upon the appellant and to release him

on bail.

Accordingly, the application (I.A. No.01 of 2021) is allowed.

It is directed that the execution of substantive jail sentence imposed

upon the appellant shall remain suspended during the pendency of this

appeal and he shall be released on bail on his furnishing a personal bond

in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the

satisfaction of the trial Court. He shall appear before the Registry of this

Court on 16.02.2022 and thereafter appear before the trial Court on a

date to be given by the Registry and thereafter continue to appear before

the trial Court on all such dates as are given to him by the said Court till disposal of this appeal.

List the case for final hearing in due course.

Sd/-

Gautam Chourdiya Judge

Akhilesh