Mahendra Kumar Thakur vs State Of Chhattisgarh
2022 Latest Caselaw 7652 Chatt

             HIGH COURT OF CHHATTISGARH, BILASPUR
                             CRA No. 753 of 2022
  Mahendra Kumar Thakur S/o Shri Bhagatram Aged About 24 Years R/o Village
  Karela, Police Station Ranitarai, District : Durg, Chhattisgarh
                                                                           ---- Appellant
                                     Versus
  State of Chhattisgarh Through Station House Officer, Police Station Ranitarai,
  District : Durg, Chhattisgarh
                                                                     ---- Respondent

19/12/2022 Mr. Aman Tamrakar, Advocate for the appellant.

Mr. R.S. Deo, 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 17.03.2022 passed by learned Additional Sessions Judge, Third FTSC (POCSO) Durg, District Durg (CG) in Special Criminal Case under POCSO Act, 143 of 2021, the appellant stands convicted and sentenced as under:

                       Conviction                               Sentence
              U/s. 354-A(1)(i) IPC            RI for 3 years with fine of Rs. 1000/- in
                                              default of payment of fine additional RI
                                              for 1 month.
              U/s. 8 of POCSO Act             RI for 2 years.

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.

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 19.03.2023. 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