Tameshwar Bhatt vs State Of Chhattisgarh
2022 Latest Caselaw 2664 Chatt

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           HIGH COURT OF CHHATTISGARH, BILASPUR
                        Order Sheet

                              CRA No. 1314 of 2021

 Tameshwar Bhatt, S/o Ramanand Bhatt, Aged About 23 Years, R/o Ward No.
  02, Laxminarayan Chowk, Ahiwara , Police Station Nandini Nagar, District
  Durg Chhattisgarh.                                       ---- Appellant

                                     Versus

 State of Chhattisgarh, Through- Police Station Nandini Nagar, District Durg,
  Chhattisgarh.                                                      ---- Respondent

25.04.2022 Shri Prasoon Agrawal, counsel for the appellant.

Shri Anurag Verma, P.L. for the State. Heard on I.A. No. 01/2021, application for suspension of sentence and grant of bail.

The appellant has been convicted and sentenced by the judgment of conviction and order of sentence dated 26.10.2021 passed in Special Session Case No. 169/2020, by the Additional Sessions Judge, Second Fast Track Special Court, (POCSO Act) Durg, District- Durg (C.G.) as under:-

Conviction Sentences Under Section 448 of R.I. for 1 year with fine of Rs. 1,000/- and IPC default in payment of fine amount additional R.I. for 1 month.

U/s 354 of IPC R.I. for 2 years with fine of Rs. 2,000/-

and default in payment of fine amount additional R.I. for 2 months.

U/s 354 (A) of IPC R.I. for 2 years with fine of Rs. 2,000/-

and default in payment of fine amount

additional R.I. for 2 months.

Section 10 of R.I. for 5 years with fine of Rs. 10,000/- POCSO Act and default in payment of fine amount additional R.I. for 3 months.

Considering the facts & circumstances of the case, the detention period of the appellant, he remained in jail for about 6 months, he is 23 years old, he was on bail during trial and did not misuse the liberty granted to him, he has no criminal record, final disposal of this appeal is likely to take some time, without commenting anything on merits of the case, the application (I.A. No.1/2021) is allowed.

It is directed that the execution of 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.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the trial Court. He shall appear before the Registry of this Court on 23.06.2022 and thereafter appear before the trial Court on a date to be given by the Registry and thereafter continue to appear before the trial Court on all such dates as are given to him by the said Court till disposal of this appeal.

List the case for final hearing in due course.ertified copy a

Sd/-

(Gautam Chourdiya) Judge

Nadim