Akash Kumar Choubey @ Mithun vs State Of Chhattisgarh
2022 Latest Caselaw 3861 Chatt

                                               1

                HIGH COURT OF CHHATTISGARH, BILASPUR

                                       Order Sheet
                             Criminal Appeal No. 811 of 2022

     Akash Kumar Choubey @ Mithun, Aged about 21 years, S/o- Late Shyamkishore
      Choubey, Caste- Brahman, R/o- Village - Ranadi, Post - Belhat, Police Station -
      Kandi, District Gadhwa (Jharkhand), Current R/o- Ward No. 1, Jungalpara Jarhi,
      Police Station - Bhatgaon, District Surajpur (C.G.)

                                                                                 ----- Appellant   s




                                        versus
     State of Chhattisgarh, Through : Station House Officer, Police Station - Bhatgaon,
      District Surajpur (C.G.)
                                                                               ----- Respondent

17/06/2022 Shri Rahim Ubwani, Advocate for the appellant.

Shri Raghvendra Verma, Government Advocate 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 19.04.2022 passed by the Special Judge (POCSO Act 2012), Pratappur, District Surajpur (C.G.) in Special Criminal Case No. 09/2021, the appellant stands convicted and sentenced as under:

Conviction Sentences Under Section 506-B of IPC R.I. for three years and fine of Rs.500/-, in default of payment of fine to further undergo R.I. for fifteen days Under Section 8 of POCSO Act R.I. for three years & six months and fine of Rs.500/-, in default of payment of fine to further undergo R.I. for fifteen days Both the sentences to run concurrently

Prosecutrix alongwith her father is connected through video conferencing

from District Legal Services Authority, Surajpur and both were identified by an

employee of DLSA, Surajpur. Prosecutrix and her father stated that they have

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 & six months and he

remained in jail for about nine months, the age of the appellant i.e. 21 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 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