Santu @ Santosh Reddy vs State Of Chhattisgarh
2022 Latest Caselaw 264 Chatt

                        HIGH COURT OF CHHATTISGARH, BILASPUR

                                                 Order Sheet

                                         CRA No. 1689 of 2021
  Santu @ Santosh Reddy, S/o Late Appal Reddy, aged about 26 years, R/o Gautam Nagar
  Ward No. 36, Zone-1, Kusht Ashram Mohalla, Khursipar, P.S. Khursipar, District Durg (C.G.)
                                                                               ---- Appellant
                                                   Versus
  State Of Chhattisgarh Through Station House Officer, P.S. Khursipar, District Durg,
  Chhattisgarh
                                                                                   ---- Respondent

14/01/2022 Shri P. Chetan Kumar, counsel for the appellant.

Shri Priyanshu Gupta, Panel Lawyer for the State.

State counsel has not filed reply to I.A. No.1 of 2021, application under Section 389 (1) of the Code of Criminal Procedure for suspension of sentence and grant of bail to the appellant till today.

Heard on I.A. No.1 of 2021, application under Section 389 (1) of the Code of Criminal Procedure for suspension of sentence and grant of bail to the appellant.

By the impugned judgment dated 01/12/2021 passed by the Additional Sessions Judge, IV Fast Track Court, Special Court, Durg (C.G.) in Special Session Trial (POCSO) No. 49/2020, the appellant stands convicted and sentenced as under :-

                  Conviction                                   Sentence

                  Under Section 456 of Indian                  R.I. for two years and fine amount
                  Panel Code.                                  of Rs.1000/-. In default of
                                                               payment of fine further S.I. for
                                                               one month.

                  Under Section 8 of Protection                R.I. for three years and fine
                  of Children from Sexual                      amount of Rs.2000/- and in

Offence Act, 2012. default of payment of fine further S.I. for one month.

(All the sentences are directed to run concurrently) [

Considering the material available on record, particularly considering the short sentence awarded to the appellant i.e. three years R.I. he was on bail during trial, he 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.1 of 2021) 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 29th April, 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.

Certified copy as per rules.

List this appeal for final hearing in due course.

Sd/-

(Gautam Chourdiya) JUDGE

Kamde