Sanjay Kenwat vs State Of Chhattisgarh
2022 Latest Caselaw 1032 Chatt

                                            1

                HIGH COURT OF CHHATTISGARH, BILASPUR

                                     Order Sheet
                           Criminal Appeal No. 215 of 2022

     Sanjay Kenwat, son of Rajendra @ Balla Kenwat, aged about 21 years, resident of
      Kendra, Chowki-Belgahana, P.S. Kota, District Bilaspur (C.G.)

                                                                              ----- Appellant   s




                                        versus
     State of Chhattisgarh, Through : Station House Officer, Police Station Kota, District
      Bilaspur (C.G.)
                                                                            ----- Respondent

24/02/2022 Shri Nitansh Kumar Jaiswal, Advocate for the appellant.

Shri Amit Verma, Panel Lawyer for the State. Heard on I.A. No. 01 of 2022, application under Section 389 of Cr.P.C. for suspension of sentence and grant of bail to appellant.

By the impugned judgment dated 24.01.2022 passed by the Upper Sessions Judge/First F.T.S.C. (POCSO), Bilaspur, District Bilaspur (C.G.) in Special Sessions Case No. 93/2020, the appellant stands convicted and sentenced as under:

Conviction Sentences Under Section 354 of IPC R.I. for three years and fine of Rs.300/-, in default of payment of fine to further undergo R.I. for six months Under Section 8 of POCSO, Act R.I. for three years and fine of Rs.300/-, in default of payment of fine to further undergo R.I. for six months Under Section 12 of POCSO, Act R.I. for one year and fine of Rs.200/-, in default of payment of fine to further undergo R.I. for three months All the sentences to run concurrently

Prosecutrix is present in person before this Court and she is

identified/verified by Shri Amit Verma, Panel Lawyer through her Aadhar Card.

The prosecutrix stated that she has no objection to grant of bail to the appellant

by this Court.

Considering the material available on record, in particular the fact that

maximum sentence awarded to the appellant are of three years, further

considering that the prosecutrix has no objection to grant of bail to the appellant

by this Court, the age of the appellant i.e. 21 years at the time of incident, the

appellant was on bail during trial and did not misuse the liberty so granted and

disposal of this appeal is likely to take some time, without further commenting on

merit, I am of the opinion that present is a fit case to suspend the jail sentence

imposed upon the appellant and to release him on bail.

Accordingly, the application (I.A. No. 01 of 2022) is allowed.

It is directed that the execution of substantive jail sentence imposed upon

appellant shall remain suspended during the pendency of this appeal and he shall

be released on bail on his furnishing a personal bond in the sum of Rs.1,00,000/-

with two sureties of Rs.50,000/- each to the satisfaction of the trial Court. He shall

appear before the Registry of this Court on 04st April, 2022 and thereafter shall

appear before the trial Court on a date to be given by the Registry and shall

continue to appear there on all such dates as are given to him by the said Court

till disposal of this appeal.

Certified copy as per rules.

List this appeal for final hearing in due course.

Sd/-

(Gautam Chourdiya) Judge

vatti