Chhandan Manikpuri @ Chandan ... vs State Of Chhattisgarh
2022 Latest Caselaw 270 Chatt

                                                                                 NAFR

                HIGH COURT OF CHHATTISGARH, BILASPUR

                                 CRA No. 9 of 2022

 Chhandan Manikpuri @ Chandan Manikpuri, S/o Misir Das, aged about 28 Years,
  R/o Sundarpur, Lodhima Police Station Ambikapur, District Surguja Chhattisgarh,
  District : Surguja (Ambikapur), Chhattisgarh.

                                                                            ----Appellant

                                        Versus

 State of Chhattisgarh, Through Arakshi Kendra - Ambikapur, District Surguja,
  Chhattisgarh.

                                                                       ---- Respondent

14/01/2022 Shri Dev Ashish Biswas, counsel for the appellant.

Shri Priyanshu Gupta, P.L. for the State.

Heard on I.A. No.01 of 2022, application for suspension of sentence and grant of bail to the appellant.

By the impugned judgment dated 17.12.2021 passed by the

Additional Sessions Judge, Fast Track Special Court (POCSO Act),

Ambikapur, District Surguja, C.G., in Special Sessions Case

(POCSO) No.69/2016, the appellant stands convicted and

sentenced as under:

Conviction Sentence

Under Section 354 of Indian Rigorous Imprisonment for Penal Code three years and fine of Rs.1,000/-, in default of payment of fine amount to undergo further additional rigorous imprisonment for three 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 2022) 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.

Learned counsel for the appellant to file certified copy of the

judgment dated 26.11.2015 (Annexure A-2) within two weeks.

List the case for final hearing in due course.

Sd/-

Gautam Chourdiya Judge Akhilesh