Shiv Shankar Adile @ Konda vs State Of Chhattisgarh
2022 Latest Caselaw 7651 Chatt

                                                                              NAFR
             HIGH COURT OF CHHATTISGARH, BILASPUR
                             CRA No. 1581 of 2022
  Shiv Shankar Adile @ Konda S/o Shri Mohan Lal Aged About 19 Years R/o Baasin,
  Police Station - Dabhra, District - Janjgir - Champa, Chhattisgarh
                                                                        ---- Appellant
                                    Versus
  State of Chhattisgarh Through Police Station - Dabhra, District - Janjgir - Champa,
  Chhattisgarh
                                                                    ---- Respondent

19/12/2022 Mr. Surfaraj Khan, Advocate for the appellant.

Mr. Ajay Khumrani, PL for the State.

Heard on application (I.A. No. 01/2022) for suspension of

sentence and grant of bail to the appellant.

By the impugned Judgment dated 07.09.2022 passed by learned Special Judge FTSC, Sakti, District Janjgir Champa (CG) in Special Criminal Case No. 38/2020, the appellant stands convicted and sentenced as under:

                       Conviction                            Sentence
              U/s. 509 IPC                   RI for 1 year with fine of Rs. 1000/- in

default of payment of fine additional SI for 3 months.

U/s. 8 of POCSO Act RI for 3 years with fine of Rs. 2000/- in default of payment of fine additional RI for 6 months.

Learned counsel for the appellant submits that the appellant is on bail during trial and after conviction, the appellant has been granted interim bail by the trial Court and he did not misuse the liberty granted to him, therefore, application filed under Section 389(2) for suspension of sentence and grant of bail may be considered.

On the other hand, learned State Counsel opposes application filed under Section 389(2) CrPC for suspension of sentence and grant of bail.

In pursuance of notice issued by this Court for appearance of the victim/complainant, she has appeared before this Court and objected that the bail may not be granted to the appellant.

I have heard learned counsel for the parties. Considering the facts and circumstances of the case, particularly considering the short sentence awarded to the appellant and fine amount has already been deposited by him and final hearing of this appeal is likely to take considerable time, hence, I feel inclined to allow I.A. No.01/2022.

Accordingly, the application is allowed. It is directed that the substantive jail sentence imposed upon the appellant shall remain suspended during the pendency of this Appeal and he shall be released on bail on his furnishing a personal bond for a sum of Rs. 25,000/- with one surety for the like sum to the satisfaction of the Trial Court for his appearance before the Registry of this Court on 18.01.2023. He shall thereafter continue to appear before the Registry of this Court on all such subsequent dates are are given to him by the Registry of this Court till the disposal of this appeal.

Sd/-

(Narendra Kumar Vyas) Judge

santosh