Manohar vs State Of Chhattisgarh
2022 Latest Caselaw 3884 Chatt

                                                1

                HIGH COURT OF CHHATTISGARH, BILASPUR

                                      Order Sheet
                             Criminal Appeal No. 892 of 2022

      Manohar S/o Dilip Satnami, aged about 19 years (presently 21 years), R/o Village -
       Shantipur, Police Station - Takhatpur, District Bilaspur (C.G.)

                                                                               ----- Appellant   s




                                         versus
      State of Chhattisgarh, Through - Station House Officer, Police Station - Takhatpur,
       District - Bilaspur (C.G.)
                                                                             ----- Respondent

20/06/2022 Shri Dharmesh Shrivastava, Advocate for the appellant.

Ms. Deepti Shukla, Panel Lawyer for the State.

Shri Siddharth Dubey, Advocate for the complainant. 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 25.05.2022 passed by the Additional Sessions Judge and Second Fast Track Special Court, Bilaspur, District Bilaspur (C.G.) in Special Criminal Case (POCSO Act) No. 20/2020, the appellant stands convicted and sentenced as under:

                             Conviction                               Sentences
                  Under Section 341 of IPC                S.I. for one month and fine of
                                                          Rs.500/-, in default of payment
                                                          of fine to further undergo S.I. for
                                                          seven days
                  Under Section 452 of IPC                R.I. for three years and fine of
                                                          Rs.500/-, in default of payment
                                                          of fine to further undergo R.I. for
                                                          six months
                  Under Section 354 of IPC                R.I. for three years and fine of
                                                          Rs.500/-, in default of payment
                                                          of fine to further undergo R.I. for
                                                          six months
                  Under Section     11    (i)   12   of   R.I. for three years and fine of
                  POCSO Act                               Rs.500/-, in default of payment
                                                          of fine to further undergo R.I. for
                                                          six months

Prosecutrix is present before this Court and she was duly identified by Shri

Siddharth Dubey, Advocate through her Aadhar Card. The prosecutrix stated that if

the bail is granted to the appellant by this Court, he may trouble her at later stage.

Considering the material available on record, considering the age of appellant

i.e. 19 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

two sureties of Rs.50,000/- each to the satisfaction of the trial Court. He shall appear

before the Registry of this Court on 29th 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