Lalit Sahu vs State Of Chhattisgarh
2022 Latest Caselaw 3727 Chatt

                                               1

                 HIGH COURT OF CHHATTISGARH, BILASPUR

                                        Order Sheet
                              Criminal Appeal No. 236 of 2021

      Lalit Sahu son of Chandrika Sahu, aged about 25 years, resident of Village-Sargaon,
       Police Station- Hirri, District Bilaspur (C.G.)

                                                                                ----- Appellant   s




                                          versus
      State of Chhattisgarh, through the Station House Officer, Police Station- Hirri, District
       Bilaspur (C.G.)
                                                                              ----- Respondent

14/06/2022 Shri Sumit Singh Rathore, Advocate for the appellant.

Shri Shrikant Kaushik, Panel Lawyer for the State. 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 15.01.2021 passed by First F.T.S.C. (POCSO)/Additional Sessions Judge, Bilaspur, District Bilaspur (C.G.) in Special Sessions Case No. 87/2013, the appellant stands convicted and sentenced as under:

Conviction Sentences Under Section 363 of IPC R.I. for five years and fine of Rs.200/-, in default of payment of fine to further undergo R.I. for six months Under Section 366-A of IPC R.I. for five years and fine of Rs.300/-, in default of payment of fine to further undergo R.I. for nine months Under Section 4 of POCSO Act R.I. for seven years and fine of Rs.500/-, in default of payment of fine to further undergo R.I. for one year All the sentences to run concurrently

Prosecutrix is present alongwith her father before this Court and she was duly

identified by Shri Shrikant Kaushil, Panel Lawyer through her Aadhar Card. The

prosecutrix stated that she has no objection to grant of bail to the appellant by this

Court.

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

basis of radiologist report, the age of the prosecutrix was shown as 15-17 years vide

Ex.-P/16 by Radiologist Dr. G.S. Kanwar (PW-11) and he has admitted in cross-

examination that there may be variation of two years on the age of the prosecutix,

and no other evidence regarding age of the prosecurtrix was available, the appellant

and the prosecutrix were having love affair with each other and the prosecutrix &

her father have no objection to grant of bail to the appellant by this Court, that the

age of the appellant i.e. 25 years at the time of incident 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