Raju Nishad vs State Of Chhattisgarh
2021 Latest Caselaw 2243 Chatt

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                HIGH COURT OF CHHATTISGARH, BILASPUR
                             Order Sheet
                                    CRA No. 972 of 2021
   Raju Nishad S/o Johan Lal Nishad Aged About 28 Years Resident of Ward No. 12,
   Boerjhiti, Police Station Tilda Newra , District Raipur Chhattisgarh.
                                                                            ---- Appellant
                                          Versus
   State of Chhattisgarh Through Station House Officer, Tilda Nevra District Raipur
   Chhattisgarh.
                                                                         ---- Respondent

09.09.2021 Shri A.D. Kuldeep, Advocate for the appellant.

Shri Vimlesh Bajpai, Govt. Advocate for the State/respondent.

Heard on admission.

Admit.

Call for the record of Court below.

Also heard on I.A. No.1/2021, application under Section 389 of Code

of Criminal Procedure for suspension of sentence and grant of bail.

By the impugned judgment dated 26.08.2021 passed by the Additional

Sessions Judge/Second Fast Track Special Court, Raipur, District Raipur,

Chhattisgarh in Special Criminal (POSCO) Case No.210/2018,

accused/appellant stands convicted under Sections 448 and 354 of IPC and

sentenced to undergo rigorous imprisonment for one year and rigorous

imprisonment for three years with fine of Rs.500/-, in default of payment of

fine amount, additional imprisonment for two months. He is also convicted

under Section 8 of the Protection of Children From Sexual Offences Act,

2012 and sentenced to undergo rigorous imprisonment for three years with

fine of Rs.500/-, in default of payment of fine amount, additional

imprisonment for two months. All the sentences are directed to run

concurrently.

Learned counsel for the appellant submits that looking to the short

sentence imposed upon the appellant, he was granted bail under Section 389

(3) of Cr.P.C. for filing of the appeal. He submits that in the cause-title of

appeal, it is shown that appellant is on bail, but inadvertently due to

typographical error, in paragraph-7 of application filed under Section 389 of

Cr.P.C., it is mentioned that at present, appellant is in jail. It is contended that

taking caution, he has also again verified the fact from the counsel appearing

for the appellant before the trial Court and he has informed that appellant is

on bail.

On due consideration of the submissions made by learned counsel for

the appellant, I.A. No.1/2021 is allowed and 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.25,000/- with one surety in like sum to the satisfaction of the

trial Court. The appellant shall appear before the Registry of this Court on

14.12.2021 and thereafter, continue to appear before the trial Court on the

dates given by the Trial Court.

Sd/-

(Parth Prateem Sahu) Judge

Yogesh