Lakesh Sahu vs State Of Chhattisgarh
2022 Latest Caselaw 4852 Chatt

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                   HIGH COURT OF CHHATTISGARH, BILASPUR
                                 Order Sheet
                               CRA No. 422 of 2021
  Lakesh Sahu S/o Shri Milu Ram Sahu Aged About 21 Years R/o Bade Kareli, Police
   Chowki Bade Kareli P.S. Magarlod District Dhamtari Chhattisgarh.
                                                                              ---- Appellant
                                          Versus
  State Of Chhattisgarh Through District Magistrate Gariyabandh Chhattisgarh.
                                                                         --- Respondent

28.07.2022 Mr. Pragalbha Sharma, Counsel for the appellant.

Mr. Praveen Shrivastava, P. L. for the State/respondent.

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

By the impugned judgment of conviction and order of sentence dated 19.03.2021 passed by the learned Additional Sessions Judge, Fast Track Special Court( POCSO & Rape cases) Gariyabandh (C.G.) in New POCSO Case No. 35 of 2020 (Old Sessions Case No.34/2018), the appellant has been convicted for the offence punishable under Section 4 of the POCSO Act, and sentenced to undergo R.I. for 7 years and pay fine of Rs.2,000/- in default to further undergo 06 months additional R.I.

Learned counsel for the appellant submits that appellant has falsely been implicated in this case and he has not committed any offence, he further submits that appellant has completed 3 years and 9 months out of 7 years jail sentence awarded to him and the appeal will take some time for hearing on merits, therefore the substantive jail sentence imposed upon appellant may be suspended and he may be released on bail. He placed reliance on a judgment of the Hon'ble Supreme Court in the case of Akhtari

Bi Vs. State of M.P. in Appeal(crl.) 320 of 2001 decided on 22.03.2001.

State counsel opposes the application for suspension of sentence and grant of bail.

I have heard learned counsel for the parties, considering the fact that the appellant has suffered 3 years and 9 months out of 7 years jail sentence awarded to him and hearing of the appeal will take some more time and considering the judgment of Hon'ble the Supreme Court, therefore, I am inclined to allow this application.

Accordingly, I.A.No.1/2021 is allowed.

The substantive jail sentence awarded to the appellant is suspended during the pendency of this appeal and he is directed to release on bail on his furnishing a personal bond in the sum of Rs. 25,000/- along with one surety in the like sum to the satisfaction of the concerned trial Court for his appearance before the Registry of this Court on 29th September, 2022. He shall 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

parul