Santkumar Deshlahre vs The State Of Chhattisgarh
2022 Latest Caselaw 7608 Chatt

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             HIGH COURT OF CHHATTISGARH, BILASPUR

                               Order Sheet

                         CRA No. 1769 of 2022

 Santkumar Deshlahre S/o Hemlal Deshlahre, Aged About 25 Years R/o Village
  Boriya, Police Station Berla, District Bemetara Chhattisgarh
                                                                    ---- Appellant
                                 Versus
 The State Of Chhattisgarh, Through - The Police Station, Berla, District
  Bemetara Chhattisgarh
                                                                  ---Respondent

15.12.2022 Mr. Amit Kumar Sahu, counsel for the appellant.

Mr. Himanshu Sharma, Panel Lawyer for the State. Heard on application for suspension of sentence. By the impugned judgment dated 28.10.2022 passed by the learned Additional Session Judge (FTSC) POCSO Act, Bemetara, District- Bemetara (C.G.) in Sessions Trial Case No. 42/2021, the appellant stands convicted, as under:-

                    Conviction                           Sentence
              U/s 454 of IPC           : R.I. for 3 years and fine of Rs.500/-, in
                                          default of payment of fine, 2 month R.I.


              U/s 354 of IPC           : R.I. for 3 years and fine of Rs.500/-, in
                                          default of payment of fine, 2 month R.I.


              U/s 8 of POCSO Act       : R.I. for 3 years and fine of Rs.500/-, in
                                          default of payment of fine, 2 month R.I.

Learned counsel for the appellant would submit that the appellant has been falsely convicted without appreciating the evidence on record, the appellant has been awarded short sentence of three years, out of which he has already completed 3½ months and further the appeal being of the year 2022, final hearing of the same will likely to take time, the sentence awarded to the appellant be kindly 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.

Father of the victim appeared before the Court and raised objection.

Considering the fact that the maximum jail sentence awarded to the appellant is RI for three years and he has already completed 3½ months and further considering the fact that the appeal being of the year 2022, 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 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 18 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. It is also

to be kept in mind that the dates given by the trial Court for appearance of the appellant should not have interval of more than 90 days.

It is directed that the concerned Superintendent of Police shall issue appropriate direction to the concerned Thana In-charge that if any such allegation is again made by the complainant or her family members against the appellant, he shall take immediate action against the appellant.

Call for record.

A copy of this order be sent to the concerned Superintendent of Police.

List this appeal for final hearing.

Sd/-

(Narendra Kumar Vyas) Judge

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