Bhagwani Saitode vs State Of Chhattisgarh
2022 Latest Caselaw 7209 Chatt

                                                                         Page 1 of 3

               HIGH COURT OF CHHATTISGARH, BILASPUR

                                   Order Sheet

                               CRA No. 6 of 2022

 Bhagwani Saitode S/o Amardas Saitode Aged About 19 Years R/o Village
  Parsadakhurd, P.S. Bori, Distt. Durg (C.G.)
                                                                       ---- Appellant
                                     Versus
 State Of Chhattisgarh Through- The Station House Officer, P.S. Bori, District- Durg
  (C.G.)
                                                                     ---Respondent

01.12.2022 Mr. Kishore Narayan, counsel for the appellant.

Mr. B.L. Sahu, Panel Lawyer for the State. Heard on admission.

Admit.

Also heard on application for suspension of sentence and grant of bail to the appellant.

By the impugned judgment dated 09.11.2021 passed by the learned Additional Sessions Judge, Second Fast Track Special Court (POCSO Act), District- Durg (C.G.) in Special Case No. 137/2019, the appellant stands convicted, as under:-

                       Conviction                           Sentence
                 U/s 363 of IPC            : R.I. for 2 years and fine of Rs.10,000/-,
                                              in default of payment of fine, 3 months
                                              R.I.


                 U/s 366A of IPC           : R.I. for 3 years and fine of Rs.15,000/-,
                                              in default of payment of fine, 6 months


                             R.I.

Learned counsel for the appellant would submit that during the trial the appellant remained in jail from 01.09.2019 to 07.07.2020 as such he has already remained in jail for 10 months whereas he has been awarded sentence for 3 years, he has been granted interim bail by the trial Court, he has not misused the liberty granted to him, further the appeal being of the year 2022, final hearing of the same will likely to take time, therefore, the sentence may kindly be suspended.

Considering the fact that the maximum jail sentence awarded to the appellant is RI for three year and he already remained in jail for 10 months during trial, he was also on bail during trial and did not misuse the liberty granted to him and even after conviction, his jail sentence was temporarily suspended by the trial Court, the appeal being of the year 2022, final hearing of the same will likely to take time, I am inclined suspend the sentence of appeal and release him on bail.

Accordingly, application for suspension of sentence and grant of bail is allowed and it is directed that execution of further substantive jail sentence of the appellant shall remain suspended and he shall be released on bail on his executing a personal bond in sum of Rs. 25,000/- with one surety in the like sum to the satisfaction of trial Court for his appearance before the Registry of this Court on 12 th January, 2023. He shall thereafter appear before the trial Court on a date to be given by the Registry of this Court and shall continue to appear there on all such subsequent dates as are

given to him by the said court till the disposal of this appeal.

Call for the record of the court below.

List this appeal for final hearing.

Sd/-

(Narendra Kumar Vyas) Judge

kkd