Lokesh Kumar Sahu @ Lukeshwar vs State Of Chhattisgarh
2021 Latest Caselaw 3335 Chatt

                                                                                      NAFR

                  HIGH COURT OF CHHATTISGARH, BILASPUR

                                   CRA No. 1341 of 2021

    Lokesh Kumar Sahu @ Lukeshwar, S/o Asharam Sahu, aged about 22 Years, R/o
     Siyadei, P.S. Keregaon, District Dhamtari, Chhattisgarh.

                                                                              ----Appellant

                                          Versus

    State of Chhattisgarh, Through P.S.- Keregaon, District- Dhamtari, Chhattisgarh.

                                                                          ---- Respondent

26/11/2021 Ms. Aditi Singhvi, counsel for the appellant.

Mr. Chitendra Singh, 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 25.10.2021 passed by the

Special Judge POCSO (F.T.C.), Dhamtari, District Dhamtari, C.G., in

Special Criminal Case No.11/2019, the appellant stands convicted and

sentenced as under:

Conviction Sentence

Under Section 08 of Protection of Rigorous Imprisonment for three children from Sexual Offences Act, years and fine of Rs.1,000/-, in 2012 default of payment of fine amount to undergo further additional rigorous imprisonment for two months

Under Section 3(2)(5-d) of Rigorous Imprisonment for three Scheduled Castes and Scheduled years and fine of Rs.1,000/-, in Tribes (Prevention of Atrocities) default of payment of fine Act, 1989 amount to undergo further additional rigorous imprisonment for two months

(Both sentences were directed to run concurrently)

Prosecutrix appeared along with her father through video

conferencing with the help of DLSA, Dhamtari and duly identified by the

DLSA Authority. Prosecutrix submits that she has no objection to release

of the appellant on bail.

Considering the facts and circumstances of the case, in particular

the fact that the maximum sentence awarded to the appellant is of three

years, the prosecutrix has raised no objection to release of the appellant

on bail, the appellant was on bail during trial and did not misuse the

liberty granted to him, he has already deposited the entire fine amount

with the trial Court 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