Arun Kumar Dhruw vs State Of Chhattisgarh
2022 Latest Caselaw 2093 Chatt

                                                                                                NAFR

                        HIGH COURT OF CHHATTISGARH, BILASPUR

                                       CRA No. 212 of 2022

   Arun Kumar Dhruw S/o Late Manharan Dhruw Aged About 22 Years R/o Riwa, P.S. Mandir
    Hasaud, District Raipur Chhattisgarh.

                                                                                       ---- Petitioner

                                             Versus

   State Of Chhattisgarh Through Station House Officer, Police Station Mandir Hasaud, Raipur
    District Raipur Chhattisgarh.

                                                                                  ---- Respondent

1/4/2022 Mr. Girdharilal Verma, Counsel for the appellant.

Mr. Sudhir Sahu, Panel Lawyer for the State.

The prosecutrix is present before this Court.

Heard on IA No.1, an application for suspension of sentence and grant of bail to the appellant.

This appeal arises out of the judgment of conviction and sentence dated 26.11.2021 passed by the Additional Sessions Judge, First Fast Track Special Court, Raipur (CG) in Special Criminal Case No.36/2019, whereby the appellant has been held guilty as under :

                       Conviction                              Sentence

           Under Section 354 of the IPC         RI for 3 years and fine of Rs.500/-,
                                                in default of payment of fine, RI
                                                for one month

Under Section 8 of the Protection RI for 3 years and fine of Rs.500, of Children from Sexual Offences in default of payment of fine, RI Act. for one month

Under Section 341 of the IPC Fine of Rs.100/-, in default of payment of fine, simple imprisonment for 7 days

Under Section 506 Part-II of the RI for 1 year and fine of Rs.500/-, IPC in default of payment of fine, RI for 15 days

Learned counsel for the appellant submits that the appellant has a very good prima facie case in his favour. He submits that the appellant was on bail during trial and has not misused the liberty granted to him, therefore, he prays for suspending the jail sentence imposed against the appellant and release him on bail.

Learned counsel for the State opposes the bail application.

The prosecutrix/victim, who is present before this Court, also opposes the bail application.

Having considered the submissions of learned counsel for the parties and also considering the short term of sentence awarded to the appellant, I am of the opinion that present is a fit case to suspend the jail sentence imposed against the appellant and release him on bail.

Accordingly, the application is allowed.

Execution of the substantive jail sentence imposed on the appellant shall remain suspended during the pendency of the appeal and he is directed to be released on bail on his furnishing a personal bond for a sum of Rs.10,000/- with one surety in the like sum to the satisfaction of the trial Court. He shall mark his appearance before the Court below on 29th of April 2022 and thereafter, shall continue to appear there on all such subsequent dates as are given to him by the said Court, till the disposal of this appeal.

In addition, the appellant is directed not to communicate / contact in any manner with the prosecutrix or her family members.

List the matter for final hearing in due course.

        Certified copy as per rules.                              Sd/-

                                                           ( Deepak Kumar Tiwari)

                                                                 Judge
Shyna