Anand Kumar Sonwani @ Anand vs State Of Chhattisgarh
2022 Latest Caselaw 2407 Chatt

              HIGH COURT OF CHHATTISGARH, BILASPUR

                                 Order Sheet

                              CRA No. 126 of 2022

• Anand Kumar Sonwani @ Anand S/o Ram Lal Sonwani Aged About 20 Years R/o
  Village Purale, Police Station Utaie, District Durg Chhattisgarh. Presently Residing
  At Village Khamahriya Jaistambh Squaire, In The House Of Rajesh Tandon, Police
  Outpost Smiritinagar, Police Station Supela, District Durg Chhattisgarh.

                                                                        ---- Appellant

                                     Versus

• State Of Chhattisgarh Through Station House Officer, Police Station Supela , Police
  Out Post Smiritinagar, District Durg Chhattsgarh.

                                                                     ---- Respondent

11.4.2022 Shri Arun Kumar Shukla, counsel for the appellant.

Shri Amit Singh Chouhan, Panel Lawyer for the State/ respondent.

The victim/prosecutrix along with her father appeared before this Court through Video conferencing from District Legal Services Authority, Durg.

They submit their strong objection with regard to bail application (IA No.01/2022) filed on behalf of the appellant.

Heard on IA No.01/2022 for suspension of sentence and grant of bail to the appellant.

By this criminal appeal, the appellant has challenged the impugned judgment of conviction and order of sentence dated 05.01.2022 passed by the Additional Sessions Judge (II FTC), Special Court (POCSO Act), Durg Distt Durge (CG) in Special Session Trial No.102/2020, whereby he has been convicted and sentenced as under :-

  Sl.    Conviction       under Jail            Fine     Default
 No.    Section                Sentence        Sentence stipulation

 01.    354 IPC                RI for     01 Rs. 1000/- RI for        02
                               yer                      months

 02.    354A(1)(i) IPC         RI for     02 Rs.3000/- RI for         02
                               years                   months

 03.    7 & 8 of Protection of RI for     03 Rs.5,000/- RI for        03
        Children from Sexual years                      months
        Offences Act, 2012

Learned counsel for the appellant submits that the maximum jail sentence awarded to the appellant is only three years and he was on bail during trial and after conviction also he was on bail. Hence, it is prayed that his jail sentence may be suspended during the pendency of this appeal.

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

I have heard learned counsel for the parties and perused the impugned judgment.

Taking into consideration the facts and circumstances of the case and also considering the detention period of the appellant, without further commenting on the merits of the case, I feel inclined to suspend the sentences and release the appellant on bail.

Accordingly, IA No.01/22 is allowed.

It is directed that execution of substantive jail sentences imposed on 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 a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the trial Court. The appellant shall appear before the Registry of this Court on 11.7.2022 and thereafter he shall appear before the trial Court on a date to be given by the Registry on this behalf and shall continue to appear there on all such subsequent dates as are given to him by the said Court, till the disposal of the appeal.

List this case for final hearing in due course.

Sd/-

(N.K. Chandravanshi) Judge Bini