Rohit Chauhan vs The State Of Chhattisgarh
2022 Latest Caselaw 3980 Chatt

                                           1

              HIGH COURT OF CHHATTISGARH, BILASPUR

                                    Order Sheet
                          Criminal Appeal No. 884 of 2022

   Rohit Chauhan Son of Mangal Chauhan, aged about 19 years, R/o Bhupdevpur,
    Police Station Bhupdevpur, District Raigarh (C.G.)

                                                                             ----- Appellant   s




                                      versus
   The State of Chhattisgarh Through : the Police Station Bhupdevpur, District - Raigarh
    (C.G.)
                                                                           ----- Respondent

23/06/2022 Shri Kalpesh Ruparel, Advocate for the appellant.

Shri Shrestha Gupta, 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 20.05.2022 passed by the Additional Sessions Judge/F.T.S.C (POCSO), Raigarh, District Raigarh (C.G.) in Special Criminal Case under POCSO Act No. 63/2019, the appellant stands convicted and sentenced as under:

Conviction Sentences Under Section 354 of IPC R.I. for three years and fine of Rs.1,000/-, in default of payment of fine to further undergo R.I. for three months Under Section 8 of POCSO Act R.I. for three years and fine of Rs.1,000/-, in default of payment of fine to further undergo R.I. for three months Both the sentences to run concurrently

As per State counsel, notice has already been served upon the

prosecutrix, but, neither the prosecutrix is present, nor is there any

representation on her behalf.

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

maximum sentence awarded to the appellant is of three years and he

remained in jail from 29.11.2019 to 06.12.2019, after conviction he was on

bail, the age of the appellant 19 years 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 05th

September, 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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