Maniram Sonwani @ Bablu vs The State Of Chhattisgarh
2022 Latest Caselaw 215 Chatt

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               HIGH COURT OF CHHATTISGARH, BILASPUR
                            Order Sheet
                           Criminal Appeal No. 14 of 2022

     Maniram Sonwani @ Bablu S/o Shri Bandhuram Sonwani, aged about 25 years, R/o
      Village- Ghugharikala, Parshuamba, Police Station- Kusmi, District- Balrampur-
      Ramanujganj (C.G.)

                                                                            ----- Appellant    s




                                      versus
     The State of Chhattisgarh, through: Police Station - Shankargarh, Balrampur-
      Ramanujganj (C.G.)
                                                                          ----- Respondent

12/01/2022 Shri Roop Naik, Advocate for the appellant.

Ms. Binu Sharma, 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 15.12.2021 passed by the Upper Sessions Judge/Fast Track Special Court (POCSO) Act), Ramanujganj, District Balrampur-Ramanujganj (C.G.) in Special Sessions (POCSO) Case No. 33/2016, the appellant stands convicted and sentenced as under:

                              Conviction                              Sentences
                  Under Section 363 of IPC               R.I. for three years and fine of
                                                         Rs.5,000/-, in default of payment
                                                         of fine to further undergo R.I. for
                                                         one month

Considering the material available on record, particularly considering the

age of the prosecutrix, her statement under Section 164 Cr.P.C., she remained

with the appellant about five months, that the short jail sentence awarded to the

appellant, the age of the appellant who is 25 years old at the time of incident,

further on the same set of evidence, the appellant was acquitted of the charges

under Sections 366A, 376 (2) (n) of IPC and Section 6 of the Protection of

Children from Sexual Offences Act by the trial Court 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 07th March, 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