Chhannu @ Chhanendra Lal Tekam vs State Of Chhattisgarh
2022 Latest Caselaw 5061 Chatt

                     HIGH COURT OF CHHATTISGARH, BILASPUR

                                     Order Sheet

                         Criminal Appeal No. 300 of 2022

                  Chhannu @ Chhanendra Lal Tekam Versus State of CG




05/08/2022         Ms. Supriya Upasne counsel for the appellant.

                   Shri Ankur Kashyap PL for the respondent/ State.

Heard on Application dated 07.02.2022 for condonation of delay in filing the appeal.

For the reasons stated in the application, it is allowed and the delay in filing the appeal is condoned.

Heard on admission.

The appeal is admitted for hearing.

Call for the records.

Also heard on IA No. 01 for suspension of sentence and grant of bail.

2. By the judgment dated 16.9.2021 passed by Additional District and Sessions Judge (FTC) (POCSO) Durg in Criminal Case (POCSO) No. 281/2019, the appellant has been convicted under Sections 8, 12 of the POCSO Act and sections 354 and 354-D IPC and sentenced to imprisonment for various terms extending upto three years with fine.

3. Case of the prosecution in short is that the appellant stalked the prosecutrix and also held her hands and pressed breasts etc. with an intention to outrage her modesty, and thus committed the offence alleged.

4. Counsel for the appellant submits that the findings recorded by the Court below are not based on due appreciation of the evidence of the witnesses. He submits that the appellant was on bail during trial and did not misuse the liberty and further that the appeal may take some more time for final disposal, the sentence imposed on the appellant may be suspended and he may be released on bail.

5. On the other hand, State counsel opposes the application for suspension of sentence and grant of bail.

6. Prosecutrix and her aunt (Bua) appeared before this Court and stated that they have no objection if bail is granted to the appellant.

7. After hearing counsel for the parties, considering the facts and circumstances of the case, that the appellant was on bail and did ot misuse the liberty granted to him, and that the appeal is likely to take some time for disposal, this Court is of the opinion that it is a fit case to suspend the substantive sentence imposed on the appellant and release him on bail. Accordingly, the application is allowed. It is directed that on appellant's furnishing a bond in the sum of Rs. 25,000/- with one surety for the like sum to the satisfaction of the trial Court the substantive sentence imposed on him shall remain suspended and he shall be released on bail. The appellant shall first appear before the Registry of this Court on 06.09.2022 and thereafter before the trial Court on a date given by the Registry of this Court and then shall go on appearing there as and when so directed.

8. List the case for final hearing.

Sd/-

                                                            (Sachin    Singh     Rajput)
                                                                   Judge

Jyotishi