Pradeep Das vs State Of Chhattisgarh
2022 Latest Caselaw 7573 Chatt

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              HIGH COURT OF CHHATTISGARH, BILASPUR

                                  Order Sheet

                           CRA No. 1873 of 2022

 Pradeep Das S/o Ashwani Das Aged About 30 Years R/o Village Baniyargul Post
  Rakesh Nagar, Police Station Badarpur, District Karimganj (Aasam), At Present
  R/o Village Thelkadih, Police Station Khairagarh, District : Khairagarh-
  Chhuikhadan-Gandai, Chhattisgarh
                                                                           ---- Appellant
                                       Versus
 State Of Chhattisgarh Through Station House Officer, Police Station Khairagarh,
  District : Khairagarh-Chhuikhadan-Gandai, Chhattisgarh
                                                                        ---Respondent

14.12.2022 Mr. Roop Naik, counsel for the appellant.

Mr. Himanshu Sharma, Panel Lawyer for the State. Heard on application for suspension of sentence and grant of bail to the appellant.

By the impugned judgment dated 18.11.2022 passed by the learned Special Upper Session Judge (POCSO Act) Khairagarh, District- Khairagarh-Chikhadan-Gandai (C.G.) in Special Sessions Trial No. 15/2019, the appellant stands convicted, as under:-

Conviction Sentence U/s 7/8 (3 times) of the : R.I. for 3 years (each) and fine of POCSO Act Rs.1000/-, in default of payment of fine, 3 months R.I.

Learned counsel for the appellant would submit that the

appellant has been awarded short sentence of three years and further the appeal being of the year 2022, final hearing of the same will likely to take time, the sentence be kindly be suspended.

On the other hand, learned State counsel would submit that the appellant has rightly been convicted after appreciating the facts and materials available on record, hence, the application for suspension of sentence be kindly rejected.

The victims appeared through DLSA and raised objection in releasing the appellant on bail.

Considering the fact that the maximum jail sentence awarded to the appellant is RI for three years and further considering the fact that the appeal being of the year 2021, final hearing of the same will likely to take time, I am inclined suspend the sentence 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 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 25 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. The trial Court shall not give him appearance dates in the interval of more than three months It is directed that if any such allegation is again made by the complainants or their family members against the appellant, the

concerned Thana In-charge shall take personal interest and investigate the matter. Any in-action on part of the Thana In-charge will be liable for disciplinary action against him.

List this appeal for final hearing.

Sd/-

(Narendra Kumar Vyas) Judge

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