Lakhvinder Singh @ Balvinder ... vs State Of Chhattisgarh
2022 Latest Caselaw 15 Chatt

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                HIGH COURT OF CHHATTISGARH, BILASPUR
                             Order Sheet

                                  CRA No. 1638 of 2021

     Lakhvinder Singh @ Balvinder Singh, S/o Makhan Singh, Aged About 38
      Years, R/o Qtr. No. LIG-02/120, Housing Board, Kailash Nagar, P.S. Jamul,
      District- Durg, Chhattisgarh.                             ---- Appellant

                                        Versus

     State of Chhattisgarh, Through- Station House Officer, Police Station - Jamul,
      District- Durg, Chhattisgarh.                                     ---- Respondent

03.01.2022 Mr. Arun Kumar Shukla, counsel for the appellant.

Dr.(Ms.) Veena Nair, Dy. A.G. for the State.

Heard on I.A. No.01/2021, application for suspension of sentence

and grant of bail.

The appellant has been convicted and sentenced by the judgment of

conviction and order of sentence dated 27.11.2021 passed in Special

Session Case (POCSO Act) No.106/2018 by the Additional Sessions

Judge, Fourth F.T.C. Durg (C.G.) as under:-

                             Conviction                           Sentence
                  Under Section 341 of IPC            S.I. for 1 month with fine of
                                                      Rs. 500/- and in default in
                                                      payment      of   fine   amount
                                                      additional SI for 15 days.





     Under Section 8 of POCSO Act           R.I. for 3 years with fine of
                                           Rs. 2,000/- and in default in
                                           payment     of   fine   amount
                                           additional S.I. for 1 month.

Learned counsel for the appellant submits that there is no reliable

evidence against the present appellant to involve him in this case,

essential ingredient of the offence for convicting the appellant is missing,

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

granted to him and disposal of this appeal is likely to take some time,

therefore, the appellant be released on bail.

On the other hand, learned counsel for the State opposes bail

application.

Considering the facts & circumstances of the case, the maximum

sentence awarded to the appellant is 3 years, he was on bail during trial

and he did not misuse the liberty granted to him, final disposal of this

appeal is likely to take some time, without commenting anything on merits

of the case, the 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 09.05.2022 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 the case for final hearing in due course.Certified copy as per

rules. ist

Sd/-

(Gautam Chourdiya) Judge

Nadim