Mohit Kumar Sahu vs State Of Chhattisgarh
2021 Latest Caselaw 2528 Chatt

                 HIGH COURT OF CHHATTISGARH, BILASPUR

                                    Order Sheet

                              CR.A. No. 750 of 2016

Mohit Kumar Sahu, S/o. Mitthu Lal Sahu, aged about 20 years, R/o. Village Sahada,
Chowki Gidhpuri, Post Office and Police Station Palari, District Balodabazar
Bhatapara, Chhattisgarh.

                                                                        --- Appellant.

                                       Versus

State of Chhattisgarh, Through : The District Magistrate, Baloda Bazar, District
Balodabazar Bhatapara, Chhattisgarh.

                                                                       ---Respondent

23/09/2021 Mr. Pawan Shrivastava, counsel for the appellant.

Mr. Alok Nigam, G.A. for the State.

Heard on I.A. No.1/2021, third application for suspension of sentence and grant of bail. First application for suspension of sentence and grant of bail of the appellant was dismissed as withdrawn vide order dated 01.12.2018 and the second bail application was also dismissed as withdrawn vide order dated 09.03.2020.

Appellant has been convicted by the judgment of conviction and order of sentence dated 30.04.2016, passed in Special Sessions Trial No.69/2015, by the learned Second Additional/Upper Sessions Judge, Balodabazar, District - Balodabazar - Bhatapara (C.G.) in the following manner :-

U/s. 4 of the Protection : R.I. for 7 years and fine of Rs.1000/- of Children from Sexual and in default of payment of fine, Offences Act, 2012 further undergo six months of R.I. Learned Counsel appearing for the appellant would submit that the appellant has undergone jail sentence of about six years and the appeal has not bee listed for final hearing so far. Hence, it is prayed that the sentence of imprisonment against the appellant be suspended and he may be enlarged on bail.

Per contra, the learned State counsel opposes the prayer for suspension of sentence and grant of bail. It is submitted that the prosecution has proved the case against the appellant beyond all reasonable doubt, therefore, it is not a fit case for suspension of sentence and grant of bail.

Considered on the submissions and perused the record of the trial Court. Looking to the evidence present against this appellant, this Court is of the opinion that it is not a fit case to suspend the sentence and release the appellant on bail.

Accordingly, I.A. No.1/2021, application for suspension of sentence and grant of bail, is rejected.

Sd/-

(Rajendra Chandra Singh Samant) Judge

balram