Sukhdev Meshram vs State Of Chhattisgarh
2022 Latest Caselaw 2124 Chatt

        HIGH COURT OF CHHATTISGARH, BILASPUR
                                Order Sheet
                            Cr.A No.1310 of 2021
Sukhdev Meshram S/o Vijaylal Meshram Aged About 38 Years R/o Village Bidori,
Police Station - Chhuikhadan, District - Rajnandgaon         --- Appellant
                                    Versus
State Of Chhattisgarh Through           District   Magistrate,   Rajnandgon, District
Rajnandgon. Chhattisgarh.                                            ---- Respondent

04.04.2022 Shri Shivendu Pandya, counsel for the Appellant.

Shri BP Banjare, Dy. G.A for the State.

Heard on IA No.01/2021, an application for suspension of sentence and grant of bail.

The accused/Appellant has been convicted vide judgment of

conviction and order of sentence dated 18.10.2021 passed by the

Additional Sessions Judge, Khairagarh, District Rajnandgaon in Special

Sessions Case No.16/2019 for the offence punishable under Section 8

of the POCSO Act and sentenced to undergo R.I for 4 years with fine of

Rs.500/- with usual default stipulations.

Learned counsel for the accused/Appellant submits that prima

facie the Appellant has a very good case and there is every chance

to succeed, he was on bail during entire trial except for a period of

118 days i.e. from 18.09.2019 to 13.01.2020, presently he is on bail,

the Appeal is likely to take considerable time for its final disposal,

therefore, he may be enlarged on bail.

On the other hand, learned State counsel opposes the bail application.

Taking into consideration the facts and circumstances of the

case, submission of learned counsel for the parties, further considering

that the Appellant was on bail during entire trial except for the period

mentioned above, without further commenting anything on merits, I am

inclined to suspend the jail sentence imposed on him and grant him bail.

Accordingly, IA No.01/2021 is allowed and it is directed that the

substantive jail sentence imposed upon the Appellant shall remain

suspended during the pendency of the Appeal and he shall be released

on bail on his furnishing a personal bond of Rs.10,000/- with one surety

in the like sum to the satisfaction of the concerned Court for his

appearance before the Registry on 13th of May, 2022 and thereafter

before the concerned Court below on all such dates as may be given to

him till final disposal of this Appeal.

Post the matter for final hearing in its due course.

Sd/-

(Deepak Kumar Tiwari) Judge

Priya