Chattisgarh High Court
Prabhat Jhariya vs State Of Chhattisgarh on 5 July, 2022
1
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
Criminal Appeal No. 1017 of 2022
Prabhat Jhariya S/o. Pardeshi Ram Jhariya aged about 28 years, Residence of
Village Opposite Sai Mandir Patelpara Aanwrabhata Dantewada, P.S. City Kotwali
Dantewada, District South Bastar Dantewada (C.G.)
----- Appellant s
versus
State of Chhattisgarh, Through: Police Station Dantewada, District South Bastar
Dantewada (C.G.)
----- Respondent
05/07/2022 Shri Pravin Kumar Tulsyan, Advocate for the appellant.
Shri Kashif Shakeel, Deputy Advocate General 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.
By the impugned judgment of conviction and order of sentence dated
07.06.2022 passed by the Additional Sessions Judge (F.T.C.), South Bastar
Dantewada (C.G.) in Special Sessions (POCSO) Case No. 55/202021, the
appellant stands convicted and sentenced as under:
Conviction Sentences
Under Section 67 (B) of I.T. R.I. for one year and fine of
Act, 2000 Rs.5,000/-, in default of payment of
fine to further undergo additional
imprisonment for three months
Under Section 15 (2) of R.I. for one year and fine of
POCSO Act, 2012 Rs.5,000/-, in default of payment of
fine to further undergo additional
imprisonment for three months
Learned counsel for the appellant submits that finding recorded by the
trial Court is without appreciation of the evidence on record and the conviction
appellant can be suspended on the basis of such evidence. The appellant was
on bail during trial and he did not misuse the liberty, even after passing of the
judgment, his jail sentence has been suspended by the trial Court and disposal
of this appeal is likely to take some time, therefore, sentence awarded to the
appellant by the trial Court may be suspended by this Court during the
pendency of this appeal.
On the hand, learned counsel for the State submits that the trial Court
has justified in convicting the applicant on the basis of evidence produced
before it. Therefore, the application for suspension of sentence and grant of
bail to the appellant may be dismissed by this Court.
Heard learned counsel for the parties.
Having considered the fact that the maximum sentence awarded to the
appellant is of one year, during trial he was on bail and after conviction he is on
bail and did not misuse the liberty so granted and disposal of this appeal is
likely to take some time, without commenting anything on merit, I am inclined
to suspend the sentence imposed upon the appellant and release him on bail.
Accordingly, I.A. No. 1 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.50,000/- with one surety of Rs.50,000/- to the satisfaction of the trial Court.
The appellant shall appear before the Registry of this Court on 15th
September, 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/-
(Sachin Singh Rajput)
Judge
vatti
