Narendra Dhanwar @ Musku vs State Of Chhattisgarh
2022 Latest Caselaw 3886 Chatt

                                                                            Page 1 of 2

                                                                                  NAFR
                HIGH COURT OF CHHATTISGARH, BILASPUR

                                 CRA No. 1422 of 2021

1.    Narendra Dhanwar @ Musku S/o Devlal, Aged About 30 Years, R/o Funga,
      Thana Khadganwa, District Koriya (C.G.).
                                                                          ----Appellant
                                         Versus
2.    State Of Chhattisgarh, Through Police Station Khadganwa, District Koriya
      (C.G.).
                                                            ---- Respondent

20/06/2022 Mr. Hemant Kumar Agrawal, Counsel for the appellant.

Mr. Shivnath Shrivas, P.L. for the State/respondent.

Mr. Chandradeep Prasad, Counsel for the Objector.

Heard on I.A. No. 01/2021, application for suspension of sentence and grant of bail to the appellant.

By the impugned judgment dated 28/10/2021 passed by Additional Sessions Judge (FTSC), Manendragarh, District Koriya (C.G.) in Special Criminal Case No. 03/2020, the appellant stands convicted and sentenced as under:

Conviction Sentence Under Sections 354 of R.I. for 2 years and fine of Rs. 500/-, in Indian Penal Code. default of payment of fine additional R.I.

for 1 month.

Under Section 8 of the R.I. for 3 years and fine of Rs. 500/-, in Protection of Children from default of payment of fine additional R.I. Sexual Offences (POCSO) for 1 month.

Act, 2012.

(Both the sentences were directed to run concurrently)

Prosecutrix alongwith her father is present in person and they have raised objection to release of the appellant on bail. Prosecutrix and her father have been duly identified by the Counsel for the Objector. Copy of the Aadhar card of the prosecutrix & her father have also been taken on record today.

Considering the facts and circumstances of the case, the fact that maximum jail sentence awarded to the appellant is 03 years, he was on bail during trial and did not misuse the liberty granted to him, he has already deposited entire fine amount, the disposal of the appeal is likely to take some time, without expressing anything on merits of the case, 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. 01/2021) 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 for his appearance before the Registry of this Court 26th September, 2022. He shall thereafter appear before the Trial Court on a date to be given by the Registry of this Court and shall continue to appear there on all such subsequent dates as are given to him by the said Court, till disposal of this appeal.

List this case for final hearing in its due course.

-Sd/-

(Gautam Chourdiya) Chandrakant Judge