Sanjay Nagwanshi vs State Of Chhattisgarh
2022 Latest Caselaw 4809 Chatt

                     HIGH COURT OF CHHATTISGARH, BILASPUR

                                           Order Sheet

                                    CRA No. 1876 of 2019
Sanjay Nagwanshi S/o Laghuram Nagwanshi Aged About 22 Years R/o Village Chhuigarhi,
Dhodagaon, Police Station Sitapur, District - Surguja Chhattisgarh., District : Surguja (Ambikapur),
Chhattisgarh

                                                                                       ---- Appellant

                                                Vs.

State Of Chhattisgarh Through - Station House Officer, Police Of Police Station - Sitapur, District -
Surguja Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh

                                                                                     ---- Respondent

27/07/2022 Shri Anil Gulati, counsel for the appellant.

Shri Amit Kuamr Verma, Panel Lawyer for the State/ respondent.

Heard on I.A. No. 02/2019, application for suspension of sentence and grant of bail.

By the impugned judgment and order sentence dated 22.12.2015 passed by learned Special Judge (POCSO) Surguja, Ambikapur No. 69/2014, the appellant have been convicted and sentence under the following offences :

Conviction Sentence

U/s. 363 of IPC R.I. for 05 years and fine amount of Rs. 1000/- and in default of payment of fine further S.I. for 01 Months

U/s. 366 of IPC R.I. for 07 years and fine amount of Rs. 1000/- and in default of payment of fine further S.I. for 01 Months

U/s. 376 of IPC R.I. for 10 years and fine amount of Rs. 1000/- and in default of payment of fine further S.I. for 01 Months

U/s. 4 of POCSO R.I. for 10 years and fine amount of Rs. 1000/- and in default of payment of fine further S.I. for 01 Months

(All sentence directed to run concurrently)

Learned counsel for the appellant submits that appellant has

already served more than 07 years of sentence, the appeal is likely to take

some time and therefore, the application for suspension of sentence is

allowed. At this stage, he further submit that the the matter relates to Legal

Aid Service Committee, and therefore, reasonable surety may be asked for.

On the other hand, State counsel does not dispute the fact that the

appellant served more than seven years out of 10 years awarded to the

appellant.

I have perused that application and considering the fact that appellant

have already served more than half of the sentence awarded to him. Looking

to the period of detention and appeal may take some more time for

conclusion, I feel inclined to allow the application.

Accordingly, I.A.No.2/2019 on suspension of sentence of appellant is

allowed .

The substantive jail sentence awarded to appellant is suspended

during the pendency of this appeal and he may be directed to release on bail on furnishing a personal bond in the sum Rs. 5,000/- with one local surety in

the like sum to the satisfaction of the concerned trial Court. Now he shall

appear before the Registry of this Court on 29th September, 2022, thereafter

appear before the trial Court on a date to be given by the Registry of this

Court and shall continue to appear there on all such subsequent dates as are

given to him by the said Court, till the disposal of this appeal.

Certified copy as per rules.

List this case for final hearing.

Sd/-

(Sachin Singh Rajput) Judge

Ashish