Ashok Sahu vs State Of Chhattisgarh
2022 Latest Caselaw 269 Chatt

                                                                                 NAFR

                HIGH COURT OF CHHATTISGARH, BILASPUR

                                CRA No. 1697 of 2021

 Ashok Sahu, S/o Balla Sahu, aged about 21 Years, R/o Near Shitla Mandir,
   Hirapur P. S. Kabir Nagar, District Raipur, Chhattisgarh.

                                                                           ----Appellant

                                       Versus

 State of Chhattisgarh, Through P. S. Kabir Nagar, District Raipur, Chhattisgarh.

                                                                       ---- Respondent

14/01/2022 Mr. F.S. Khare, counsel for the appellant.

Mr. Adil Minhaj, G.A. for the State.

Heard on I.A. No.01 of 2021, application for suspension of sentence and grant of bail to the appellant.

By the impugned judgment dated 30.11.2021 passed by the

Additional Sessions Judge / 2nd Fast Track Special Court, District Raipur,

C.G., in Special Criminal (POCSO) Case No.96/2018, the appellant

stands convicted and sentenced as under:

Conviction Sentence

Under Section 354 of Indian Rigorous Imprisonment for three Penal Code years and fine of Rs.500/-, in default of payment of fine amount to undergo further additional rigorous imprisonment for two months Under Section 8 of the POCSO Rigorous Imprisonment for three Act years and fine of Rs.500/-, in default of payment of fine amount to undergo further additional rigorous imprisonment for two months

Considering the facts and circumstances of the case, in particular

the fact that the maximum sentence awarded to the appellant is of three

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

granted to him, the material available on record and that due to COVID-

19 pandemic, disposal of the appeal is likely to take some time, without

expressing any opinion on the merits of the case, 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 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 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.

Sd/-

Gautam Chourdiya Judge Akhilesh