Sundari Nayak vs State Of Chhattisgarh
2021 Latest Caselaw 2769 Chatt

                  HIGH COURT OF CHHATTISGARH, BILASPUR
                                      Order Sheet
                                 CRA No. 1182 of 2021
      Sundari Nayak, D/o Late Bhuvan Nayak, Aged About 30 Years, R/o Sadak
       33, Qr. No. 9D, Sector 10, Police Station- Bhilai Nagar, District- Durg,
       Chhattisgarh.                                            ---- Appellant
                                         Versus
      State of Chhattisgarh, Through- Police Station Bhilai Nagar, District- Durg,
       Chhattisgarh.                                                 ---- Respondent

18.10.2021 Shri Pushpendra Singh Baghel, counsel for the appellant.

Shri Anand Verma, Dy. G.A. for the State/Respondent.

Heard.

Admit.

Call for record of the Court below.

Heard on I. A. No. 01/2021 application for suspension of sentence and grant of bail to the appellant.

The appellant has been convicted and sentenced by the judgment of conviction and order of sentence dated 13.09.2021 passed in New Special Session Case No. 28/2020 by the Additional Sessions Judge, Second Fast Track Special Court, (POCSO) Durg, District- Durg (C.G.) in the following manner:-

              Conviction                            Sentence
             U/s 202 of IPC                        R.I. for 6 months and fine of Rs.
                                                   10,000/- additional 3 months
                                                   regorous imprisonment in default of
                                                   payment of fine.

U/s 21 (1) of Protection of Children R.I. for 6 months and fine of Rs. from Sexual Offences Act 10,000/- additional 3 months regorous imprisonment in default of payment of fine.

It is submitted on behalf of the appellant, that the conviction against the appellant is erroneous and without proper appreciation of the evidence of prosecution and as such, not sustainable. It is submitted that the appellant had been on bail during pendency of the trial and she has not misused the liberty granted to her. Hence, it is prayed that the application for suspension of sentence and grant of bail may be allowed.

Per contra, learned counsel for the State opposes the bail application.

Considering the facts & circumstances of the case, the short sentence of six months has been imposed upon the appellant, she was on bail during trial and did not misuse the liberty granted to her, final disposal of this appeal is likely to take some time, without commenting anything on merits of the case, the application is allowed.

It is directed that the jail sentence imposed upon the appellant shall remain suspended during the pendency of this appeal and she shall be released on bail on her furnishing a personal bond in the sum of Rs. 25,000/- with one surety in like sum to the satisfaction of the trial court for her appearance before the Registry of this Court on 15 th of December, 2021. She 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 her by the said Court, till disposal of this appeal.

Sd/-

(Gautam Chourdiya) Judge

Nadim