Santosh Netam vs State Of Chhattisgarh
2022 Latest Caselaw 3135 Chatt

                      HIGH COURT OF CHHATTISGARH, BILASPUR

                                        Order Sheet
                                   CRA No. 102 of 2022


        Santosh Netam S/o Late Ashok Netam Aged About 24 Years R/o Village
         Aunsar, P. S. Ranitarai, District Durg Chhattisgarh
                                                                         ---- Appellant
                                          Versus
        State Of Chhattisgarh Through Station House Officer, Police Station
         Ranitarai, District Durg Chhattisgarh


                                                                       ---- Respondent

29.04.2022 Mr. Tarun Dansena, counsel for the appellant.

Ms. Deepti Shukla, 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 22.12.2021 in Special Trail No. 14/2019, passed by the Additional Session Judge, Third Fast Track Court, Special Judge (POCSO Act) Durg (C.G.) the appellant stands convicted and sentenced as under:-

                  Conviction                               Sentences
             U/s 458 of Indian Penal Code           R.I. for 3 years and fine amount to
                                                    Rs. 2000/- in default of payment of
                                                    fine amount further R.I. for two
                                                    months.

U/s 42 of Protection of the Children R.I. for 3 years and fine amount to from Sexual Offences Act, 2012, Rs. 2000/- in default of payment of Section 354 of the IPC and S. 8 fine amount further R.I for two POCSO of I.P.C of the Answer months.

Quantity of Penalty Section 8 POCSO Under the Act 2012.

Section 324 of Indian Penal Code R.I. for 1 year and fine mount to Rs. 2000/- in default of payment of fine amount further R.I. for two months.

(All sentences shall run concurrently)

Considering the facts and circumstances of the case, in particular the fact that the maximum sentence awarded to the appellant is of three years, that he was on bail during trial except from 04.12.2018 to 05.04.2019, did not misuse the liberty granted to him that he has already deposited the entire fine amount with the concerned trail Court and that the disposal of the appeal is likely to take some time, without expressing any opinion 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, the application (I.A. No. 01/2022) 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 22.08.2022 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 this case for final hearing in due course.

-Sd/-

(Gautam Chourdiya) Judge vaishali