Bodhanlal Nagarchi vs State Of Chhattisgarh
2022 Latest Caselaw 3695 Chatt

                                                                                       NAFR

                 HIGH COURT OF CHHATTISGARH, BILASPUR

                                    CRA No. 864 of 2022

  • Bodhanlal Nagarchi, S/o Dilip Nagarchi, aged about 19 Years, R/o Village
    Bagdehi, P.S. Kurud, District Dhamtari (C.G.).

                                                                                 ----Appellant

                                           Versus

  • State of Chhattisgarh, Through P.S. Gurur, District Balod (C.G.) (Wrongly
    Mentioned as P.S. Balod in the Ordersheet).

                                                                             ---- Respondent

13/06/2022 Mr. Prasoon Agrawal, counsel for the appellant.

Ms. Usha Chandrakar, P.L. for the State.

Heard on admission.

The appeal is admitted for hearing.

Call for the record of the trial Court.

Also heard on I.A. No.01 of 2022, application for suspension of

sentence and grant of bail to the appellant.

By the impugned judgment dated 11.05.2022 passed by the Special

Judge (Protection of Children from Sexual Offences Act, 2012) Balod,

District Balod, C.G. in Special Sessions Case (POCSO) No.18/2020, the

appellant stands convicted and sentenced as under:-

Conviction Sentence

Under Section 363 of Indian Penal Rigorous Imprisonment for two Code years and fine of Rs.2,000/-, in default of payment of fine amount to undergo further additional rigorous imprisonment for two months

Considering the facts and circumstances of the case, in particular the

fact that the maximum sentence awarded to the appellant is of two years,

the appellant has already deposited the entire fine amount with the

concerned trial Court, the fact that he was on bail during trial and even after

passing of the impugned judgment for a limited period and did not misuse

the liberty and that disposal of this appeal is likely to take some time,

without expressing any opinion on the merits of the case, 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 the 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 22.08.2022 and thereafter appear before the trial Court on a date

to be given by the Registry and thereafter continue to appear before the

trial Court on all such dates as are given to him by the said Court till

disposal of this appeal.

List the case for final hearing in due course.

Sd/-

Gautam Chourdiya Judge Chandrakant