Chattisgarh High Court
Ramayan Patel vs State Of Chhattisgarh on 14 December, 2022
Page 1 of 3
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
CRA No. 1558 of 2021
Ramayan Patel S/o Ramadhar Patel Aged About 25 Years R/o Ward No. 02, Patelpara
Changori, Police Station Akaltara, District Janjgir Champa, Chhattisgarh, District :
Janjgir-Champa, Chhattisgarh
---- Appellant
Versus
State Of Chhattisgarh Through Station House Officer Police Station Akaltara District
Janjgir Champa, Chhattisgar, District : Janjgir-Champa, Chhattisgarh
---Respondent
14.12.2022 Mr. Yogeshwar Sharma, counsel for the appellant.
Mr. Rishabh Singh Deo, Panel Lawyer for the State.
Heard on application for suspension of sentence and grant of
bail to the appellant.
By the impugned judgment dated 22.11.2021 passed by the
learned Special Judge (POCSO Act) Janjgir, District- Janjgir Champa
(C.G.) in Special Sessions Trial No. 101/2020, the appellant stands
convicted, as under:-
Conviction Sentence
U/s 342 of IPC : R.I. for 6 months and fine of Rs.500/-,
in default of payment of fine, 10 days
R.I.
U/s 354 of IPC : R.I. for 1 year and fine of Rs.1000/-, in
default of payment of fine, 10 days R.I.
U/s 354 (B) of IPC : R.I. for 3 years and fine of Rs.1000/-, in
default of payment of fine, 20 days R.I.
U/s 08 of the POCSO : R.I. for 3 year and fine of Rs.1000/-, in
Act default of payment of fine, 20 days R.I.
Learned counsel for the appellant would submit that the
appellant has been awarded short sentence of three years, the
appellant was on bail during trial for four months and did not misuse
the liberty granted to him and further the appeal being of the year
2021, 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 victim along with her mother 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 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 14 th February, 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 appearance dates in the interval of more than
three months
It is directed that if any such allegation is again made by the
complainant against the appellant, the concerned Superintendent of
Police and the Thana In-charge shall take personal interest and
investigate the matter.
List this appeal for final hearing.
Sd/-
(Narendra Kumar Vyas)
Judge
kkd
