Rajesh Dahariya vs State Of Chhattisgarh
2022 Latest Caselaw 364 Chatt

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                    HIGH COURT OF CHHATTISGARH, BILASPUR
                      Proceedings through Video Conferencing
                                      Order Sheet
                            Criminal Appeal No. 79 of 2022

     Rajesh Dahariya son of Maikuram Dahariya, aged about 19 years, (at present aged
      about 21 years), R/o Devri, Police Station Seepat, District Bilaspur (C.G.)

                                                                               ----- Appellant   s




                                         versus
     State of Chhattisgarh, through Station House Officer, Police Station Seepat, District
      Bilaspur (C.G.)
                                                                             ----- Respondent

21/01/2022 Shri Amit Kumar, Advocate for the appellant.

Ms. Deepti Shukla, 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.

Reply has not been filed. State counsel is granted one more opportunity to file reply to the above application (I.A. No. 1/2022).

By the impugned judgment dated 03.01.2022 passed by the Upper Sessions Judge, Second Fast Track Special Court, Bilaspur (C.G.) in Special Criminal Case (POCSO Act) No. 50/2019, the appellant stands convicted and sentenced as under:

Conviction Sentences Under Section 354 of IPC R.I. for three years and fine of Rs.500/-, in default of payment of fine to further undergo imprisonment for six months Under Section 509 of IPC S.I. for three years and fine of Rs.500/-, in default of payment of fine to further undergo imprisonment for six months Under Section 7/8 of Protection of R.I. for three years and fine of Children from Sexual Offences, Rs.500/-, in default of payment 2012 of fine to further undergo imprisonment for six months All the sentences to run concurrently

Considering the material available on record, in particular the fact that

maximum sentence awarded to the appellant are of three years, the appellant

was on bail during trial and did not misuse the liberty so granted, and that due to

Covid-19 pandemic, 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 14th 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

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