Amardas @ Pappu Khutair vs State Of Chhattisgarh
2022 Latest Caselaw 265 Chatt

Citation : 2022 Latest Caselaw 265 Chatt
Judgement Date : 14 January, 2022

Chattisgarh High Court

Amardas @ Pappu Khutair vs State Of Chhattisgarh on 14 January, 2022

                     HIGH COURT OF CHHATTISGARH, BILASPUR

                                              Order Sheet

                                          CRA No. 1677 of 2021
  Amardas @ Pappu Khutai S/o Motilal Khutair, aged about 20 years, R/o Village Dumardih
  Badepara, P.S. Utai, District Durg (C.G.)
                                                                              ---- Appellant
                                                Versus
  State Of Chhattisgarh Through Station House Officer, P.S. Utai, District Durg, Chhattisgarh
                                                                                     ---- Respondent

14/01/2022 Shri Virendra Verma, Advocate appears on behalf of Shri Purendra Khichariya, 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 for suspension of sentence and grant of bail to the appellant till today.

Heard on I.A. No.1 of 2021, application for suspension of sentence and grant of bail to the appellant.

By the impugned judgment dated 10/11/2021 passed by the Additional Sessions Judge, II Fast Track, Special Judge (POCSO Act), Durg, District Durg (C.G.) in Session Trial No. 199/2019, the appellant stands convicted and sentenced as under :-

Conviction Sentence

Under Section 341 of Indian R.I. for one month and fine
Panel Code. amount of Rs.500/-. In default of
payment of fine additional R.I. for
one month.

Under Section 354 of Indian R.I. for one year and fine amount
Panel Code. of Rs.1000/- and in default of
payment of fine additional R.I. for
two months.
Under Section 354d(1)(i) of R.I. for two years and fine amount
Indian Penal Code. of Rs.3000/- and in default of
payment of fine additional R.I. for
two months.

Under Section 8 of the R.I. for three years and fine
Protection of Children from amount of Rs.5000/- and in
Sexual Offences Act. default of payment of fine
additional R.I. for three months.

(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, the age of the accused 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) Kamde

JUDGE