Loknath @ Loku Dhruv vs State Of Chhattisgarh
2022 Latest Caselaw 710 Chatt

                                                                                      NAFR

                     HIGH COURT OF CHHATTISGARH, BILASPUR
                                         Order Sheet
                                     CRA No. 167 of 2022
      Loknath @ Loku Dhruv S/o Khemu Dhurv Aged About 24 Years R/o Surakhi Ward
       No. 01, Nayapara, Police Station Bhatapara (Gramin) District Balodabazar-
       Bhatapara Chhattisgarh.

                                                                              ---- Appellant
                                            Versus
      State Of Chhattisgarh Through Police Station Bhatapara (Gramin) District
       Balodabazar- Bhatapara Chhattisgarh.

                                                                          ---- Respondent

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10/02/2022 Shri Bharat Lal Dembra, Counsel for the Appellant.

Shri Chandrabhushan Kesharwani, PL for the State/Respondent.

Heard on IA No. 01/2022, application for suspension of sentence and grant of bail to the appellant.

By the impugned judgment dated 18.01.2022, passed by the learned Special Judge (POCSO) Act, 2012, Bhatapara, District - Balodabazar - Bhatapara (C.G.) in Special Criminal Case No. H - 18/2020, the appellant stands convicted and sentenced as under :

Conviction Sentence

Under Section 354 of Indian Penal Rigorous imprisonment for 03 years & Code fine of Rs.500/- in default of not payment of fine 1 month of additional rigorous imprisonment.

Under Section 08 of POCSO Act Rigorous imprisonment for 03 years & fine of Rs.500/- in default of not payment of fine 1 month of additional rigorous imprisonment.

The prosecutrix along with her grandfather appeared in person and raised objection to release of the appellant on bail.

Considering the facts and circumstances of the case, the nature of allegations in particular that there is maximum jail sentence is of three years, the detention period of the appellant and that disposal of the appeal is likely to take some time, without further commenting on merits of the case, I am inclined to release the appellant on bail.

Accordingly, the bail application 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 11.05.2022 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

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