Citation : 2022 Latest Caselaw 7610 Chatt
Judgement Date : 15 December, 2022
Page 1 of 2
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
CRA No. 989 of 2022
Kamil Minj S/o Jogi Minj Aged About 60 Years R/o Village - Taragarh, Ranikhar, P.S.
And Tahsil - Lailunga District Raigarh.
---- Appellant
Versus
State Of Chhattisgarh Through Police Station - Lailunga, District - Raigarh
Chhattisgarh.
---Respondent
15.12.2022 Mr. Ashutosh Mishra, counsel for the appellant.
Mr. B.L. Sahu, Panel Lawyer for the State. Pursuant to the production warrant issued vide order dated 25.11.2022, the appellant has been produced before this Court.
I.A. No. 3/2022 application for cancellation of arrest warrant is dismissed as redundant.
Heard on application for suspension of sentence. The appellant stands convicted by the impugned judgment dated 30.04.2022 passed by the learned Additional Session Judge, Gharghonda in Special Criminal Case (POCSO Act) No. 12/2020 under Sections No. 451 and 354 of the IPC and Section 8 of the POCSO Act, 2012.
Learned counsel for the appellant would submit that the appellant has been awarded short sentence of three years and he has been on bail pursuant to the order passed by this Court on 12.08.2022.
Considering the fact that the maximum jail sentence awarded to the appellant is RI for three years and he has already been
released on bail by this Court, I am inclined to suspend the sentence awarded to the appellant 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. 15,000/- to the satisfaction of the Additional Registrar (J) of this Court for his appearance before the trial Court on 18 th January, 2023 and thereafter 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.
List this appeal for final hearing.
Sd/-
(Narendra Kumar Vyas) Judge
kkd
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