Santosh Dewar vs State Of Chhattisgarh
2022 Latest Caselaw 3882 Chatt

               HIGH COURT OF CHHATTISGARH, BILASPUR
                                   Order Sheet
                               CRA No. 813 of 2022


   Santosh Dewar S/o Pisi Dewar Aged About 24 Years R/o Ward No. 14,
    Thankhamharia, Police Station Thankhamharia, District : Bemetara,
    Chhattisgarh.                                        ---- Appellant
                                      Versus
   State of Chhattisgarh Through The Station House Officer, Police Station
    Thankhamharia, District : Bemetara, Chhattisgarh.      ---- Respondent

20.06.2022 Shri Vipin Singh, counsel for the appellant.

Shri Raghvendra Verma, G.A.for the State/respondent.

None for the prosecutrix/victim though served.

Heard on I.A. No.01, application for suspension of sentence and grant of bail.

The appellant has been convicted and sentenced by the judgment of conviction and order of sentence dated 20.04.2022 passed in Special Sessions Case No.45/2021 by Adttional Sessions Judge, Fast Track, Special Court (POCSO Act), Bemetara (C.G.) as under:-

              Convictions                          Sentences
             Under Section 354 of IPC              R.I. for 3 years with fine of Rs.
                                                   1,000/- and default in payment
                                                   of fine amount additional R.I.
                                                   for 6 months.
             Under Section 12 of POCSO Act          R.I. for 1 year with fine of Rs.
                                                   500/- and default in payment of
                                                   fine amount additional R.I. for 3
                                                   months.

Considering the facts & circumstances of the case, the short sentence has been imposed upon the appellant i.e. 3 years, he was on bail during trial and did not misuse the liberty granted to him, age of the appellant, who is 24 years old, fine amount has already been deposited, final disposal of this appeal is likely to take some time, without commenting anything on merits of the case, the application 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 05.09.2022 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

Nadim