Ajay Kewat vs State Of Chhattisgarh
2022 Latest Caselaw 2778 Chatt

                       HIGH COURT OF CHHATTISGARH, BILASPUR

                                             Order Sheet
                                       CRA No. 226 of 2022
         Ajay Kewat Son Of Shiv Kewat Aged About 22 Years Resident Of Udantal, P.S.
          Bilha, District Bilaspur Chhattisgarh.
                                                                                   ---- Appellant
                                                   Versus
         State Of Chhattisgarh Through - Station House Officer, Police Station Bilha,
          District Bilaspur Chhattisgarh.


                                                                                ---- Respondent

27.04.2022 Mr. Ravipal Maheshwari, Counsel for the Appellant.

Mr. Shivnath Shrivas, P.L. for the State/Respondent.

Heard on I.A. No. 01/2022, application for suspension of sentence and grant of bail to the appellant.

By the impugned judgment dated 13.01.2022 passed by the Learned Additional Sessions Judge, First Fast Track Special Court (POCSO) Act Bilaspur, (C.G.) in Special Sessions Case No.155/2021, the appellant stands convicted and sentenced as under:-

Conviction Sentences Under Section 451 of the Indian Penal Rigorous Imprisonment of 01 year, with Code fine of Rs. 200/-.

Under Section 354 of the Indian Penal Rigorous Imprisonment of 01 year, with Code fine of Rs. 200/-.

Under Section 324 of the India Penal Rigorous Imprisonment of 01 year, with Code fine of Rs. 200/-.

Under Section 506-II of the Indian Penal Rigorous Imprisonment of 01 year, with Code fine of Rs.200.

Under Section 08 of the Protection of Rigorous Imprisonment of 03 years, with Children From Sexual Offences Act fine of Rs.300. Under Section 3(I)(w-ii) of SC/ST Rigorous Imprisonment of 01 year, with (Prevention of Atrocities) Act. fine of Rs.200. Under Section 3(2)(va) of SC/ST Rigorous Imprisonment of 01 year, with (Prevention of Atrocities) Act. fine of Rs.200.

In default non payment of fine sentences, additional rigorous imprisonment of 4-4 months in each above mentioned offences.

(All sentences shall run concurrently)

In this case the notice has been served upon the prosecutrix, but none was appeared on behalf of the prosecutrix before this Court today.

Considering the facts and circumstances of the case, in particular the fact that the maximum sentence awarded to the appellant is of three years, he has remained in jail for about four months, the appellant has already deposited the entire fine amount before the concerned trail Court, the disposal of the appeal is likely to take some more time, without expressing anything on the merits of the case, I am of the opinion that present is a fit case to suspend the jail sentence imposed upon the appellant and to release him on bail.

Accordingly, I.A. No.01/2022 application for suspension of sentence and grant of bail 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 06.05.2022 and thereafter appear before the trial Court on a date to be given to him 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 this case for final hearing in due course.

Sd/-

(Gautam Chourdiya) Judge

yasmin