Rajesh Satnami vs State Of Chhattisgarh
2022 Latest Caselaw 3690 Chatt

                                              1

                HIGH COURT OF CHHATTISGARH, BILASPUR

                                       Order Sheet
                            Criminal Appeal No. 1490 of 2021

     Rajesh Satnami S/o Maikuram Satami, aged about 22 years, R/o Deori P.S. Sipat,
      District Bilaspur (C.G.)

                                                                                ----- Appellant   s




                                         versus
     State of Chhattisgarh, Through P.S. Sipat, District Bilaspur (C.G.)
                                                                              ----- Respondent

13/06/2022 Ms. Anushree Mishra, Advocate for the appellant.

Ms. Binu Sharma, Panel Lawyer for the State. Heard on admission.

The appeal is admitted for hearing.

Also heard on I.A. No. 01 of 2021, application under Section 389 of Cr.P.C. for suspension of sentence and grant of bail to appellant.

By the impugned judgment dated 09.11.2021 passed by the Additional Sessions Judge (Second F.T.S.C.), Bilaspur, District Bilaspur (C.G.) in Special Criminal Case (POCSO Act) No. 139/2018, the appellant stands convicted and sentenced as under:

Conviction Sentences Under Section 354 of IPC R.I. for three years and fine of Rs.1,000/-, in default of payment of fine to further undergo additional imprisonment for six months Under Section 11/12 of POCSO R.I. for three years and fine of Act Rs.1,000/-, in default of payment of fine to further undergo additional imprisonment for six months Both the sentences to run concurrently

Prosecutrix is present before this Court and she was duly identified by Ms.

Aftabun Nisha, Advocate through her Aadhar Card. The prosecutrix stated that she

has objection to grant of bail to the appellant by this Court.

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

maximum sentence awarded to the appellant is of three years and he remained in

jail for about seven months, the age of the appellant i.e. 22 years at the time of

incident, the appellant was on bail during trial and did not misuse the liberty so

granted and 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 2021) 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 22nd August, 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

vatti