Narayan Prasad Chandrakar vs State Of Chhattisgarh
2022 Latest Caselaw 3981 Chatt

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                                                                               NAFR
               HIGH COURT OF CHHATTISGARH, BILASPUR

                                CRA No. 767 of 2022

1.   Narayan Prasad Chandrakar S/o Late Shri Jay Lal Chandrakar, Aged About
     64 Years, R/o Ufra, Police Station Amaleshwar, District Durg (C.G.).
                                                                         ----Appellant
                                                                              (On Bail)
                                        Versus
2.   State Of Chhattisgarh, Through Station House Officer, Police Station
     Amaleshwar, District Durg (C.G.).
                                                                    ---- Respondent

23/06/2022 Mr. Jitendra Gupta, Counsel for the appellant.

Ms. Usha Chandrakar, P.L. for the State/respondent.

Heard on I.A. No. 01/2022, application for suspension of sentence and grant of bail to the appellant.

By the impugned judgment dated 12/04/2022 passed by Additional Sessions Judge, 3rd Fast Track Special Judge (POCSO Act), Durg, Durg (C.G.) in Special Session Case (POCSO Act) No. 191/2020, the appellant stands convicted and sentenced as under:

Conviction Sentence Under Section 354 of Indian R.I. for 3 years and fine of Rs. 1,000/-, Penal Code and Section 08 in default of payment of fine additional of POCSO Act. R.I. for 1 month.

Under Section 323 of IPC R.I. for 4 months.

(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 State. 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 3 years, he was on bail during trial and did not misuse the liberty granted to him, he has already deposited entire fine amount, the appellant has no criminal antecedents and 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. 01/2022) 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) Judge Chandrakant