Vishal Kumar Sahu vs State Of Chhattisgarh
2022 Latest Caselaw 3822 Chatt

                                               1

                 HIGH COURT OF CHHATTISGARH, BILASPUR

                                        Order Sheet
                              Criminal Appeal No. 789 of 2022

      Vishal Kumar Sahu S/o Ramesh Kumar Sahu, Aged about 22 years, R/o Mandir
       Para, Hirri, P.S. Masturi, District - Bilaspur, Chhattisgarh

                                                                                ----- Appellant   s




                                          versus
      State of Chhattisgarh, Through : Police Staion- Sipat, District Bilaspur (C.G.)
                                                                             ----- Respondent

16/06/2022 Shri Sanjay Agrawal, Advocate for the appellant.

Ms. Binu Sharma, 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 30.04.2022 passed by the Additional Sessions Judge/First F.T.S.C. (POCSO), Bilaspur, District Bilaspur (C.G.) in Special Sessions Trial No. 97/2020, the appellant stands convicted and sentenced as under:

                              Conviction                              Sentences
                   Under Section 363 of IPC                R.I. for one year and fine of
                                                           Rs.100/-, in default of payment
                                                           of fine to further undergo R.I. for
                                                           three months
                   Under Section 366 (A) of IPC            R.I. for one year and fine of
                                                           Rs.100/-, in default of payment
                                                           of fine to further undergo R.I. for
                                                           three months
                   Under Section 5 (1)/6 of POCSO          R.I. for ten years and fine of
                   Act                                     Rs.300/-, in default of payment
                                                           of fine to further undergo R.I. for
                                                           one year
                                     All the sentences to run concurrently

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

identified by Ms. Binu Sharma, Panel Lawyer for the State through her Aadhar Card.

The prosecutrix stated that she and her father have no objection to grant of bail to

the appellant by this Court. The prosecutrix stated that she is married to the

appellant and is having one child through this wed-lock.

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

prosecutrix is having one child after performing marriage with the appellant and now

she has no objection to grant of bail to the appellant by this Court, the age of

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 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 one local surety for the like sum 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

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