Ghanshyam Tandi @ Santosh vs State Of Chhattisgarh
2022 Latest Caselaw 1035 Chatt

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                                                                                 NAFR

                  HIGH COURT OF CHHATTISGARH, BILASPUR

                                    CRA No. 349 of 2020

  • Ghanshyam Tandi @ Santosh, S/o Shambhu Tandi, aged about 18 Years,
    Resident of Near Bandhwa Pond, Near Panchmukhi Hanuman Mandir, Police
    Station Purani Basti, District Raipur, Chhattisgarh.

                                                                            ----Appellant

                                          Versus

  • State of Chhattisgarh, Through Station House Officer, Police Station Purani Basti,
    Civil and Revenue, District Raipur, Chhattisgarh.

                                                                        ---- Respondent

24/02/2022 Shri G.L. Verma, counsel for the appellant.

Shri Chitendra Singh, P.L. for the State.

None for the Objector, though served.

Heard on I.A. No.02/2020, application for suspension of sentence

and grant of bail to the appellant.

By the impugned judgment dated 29.11.2019 passed by the Special

Judge (Protection of Children from Sexual Offences) Act, 2012, District

Raipur, C.G. in Special Criminal (POCSO) Case No.19/2019, the appellant

stands convicted and sentenced as under:-

Conviction Sentence

Under Section 509 of Indian Penal Rigorous Imprisonment for three Code and Section 12 of Protection of years and fine of Rs.1,000/-, in Children from Sexual Offences Act default of payment of fine amount

(Special Act Section 12 of POCSO to undergo further additional Act in the light Special Section under rigorous imprisonment for two Section 42) months

Under Section 354 of Indian Penal Rigorous Imprisonment for three Code and Section 8 of the POCSO years and fine of Rs.1,000/-, in Act (Special Act Section 08 of default of payment of fine amount POCSO Act in the light Special to undergo further additional Section under Section 71) rigorous imprisonment for two months

(Both sentences were directed to run concurrently)

Considering the facts and circumstances of the case, in particular the

fact that the maximum sentence awarded to the appellant is of three years,

the detention period of the appellant, the appellant has already deposited

the entire fine amount with the concerned trial Court, without expressing

any opinion on the merits of the case, 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.02 of 2020) is allowed.

It is directed that the execution of 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 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 02.05.2022 and thereafter appear before the trial Court on a date

to be given by the Registry and thereafter continue to appear before the

trial Court on all such dates as are given to him by the said Court till

disposal of this appeal.

List this case for final hearing in due course.

Sd/-

Gautam Chourdiya Judge

Akhilesh