Chintaram Rohidas vs State Of Chhattisgarh
2022 Latest Caselaw 3724 Chatt

                                               1

                 HIGH COURT OF CHHATTISGARH, BILASPUR

                                        Order Sheet
                              Criminal Appeal No. 711 of 2022

      Chintaram Rohidas S/o Late Chamruram Rohidas, aged about 41 years, R/o Village
       Korbi Lapetapara, Police Station Baloda, District- Janjgir-Champa (C.G.)

                                                                                ----- Appellant   s




                                            versus

      State of Chhattisgarh, Through - Station House Officer, Police of Police Station -
       Baloda, District Janjgir-Champa (C.G.)
                                                                             ----- Respondent

14/06/2022 Shri N.K. Chatterjee, Advocate for the appellant.

Shri Shrikant Kaushik, Panel Lawyer 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 dated 05.04.2022 passed by the Special Judge, Janjgir, District Janjgir-Champa (C.G.) in Special Sessions Trial No. 17/2020, the appellant stands convicted and sentenced as under:

                               Conviction                              Sentences
                   Under Section 452 of IPC                R.I. for six months years and fine
                                                           of Rs.500/-, in default of
                                                           payment of fine to further
                                                           undergo R.I. for ten days
                   Under Section 8 of POCSO Act            R.I. for three years and fine of
                                                           Rs.1,000/-, in default of payment
                                                           of fine to further undergo R.I. for
                                                           twenty days
                                    Both the sentences to run concurrently

As per report dated 17.05.2022 submitted by concerned SHO, P.S. Baloda,

District Janjgir-Champa (C.G.), notice has been served upon the prosecutrix. Today,

neither the prosecutrix is present, nor is there any representation on her behalf.

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

maximum sentence awarded to the appellant is of three years, the appellant has no

criminal antecedents, 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 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.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