Hannudas @ Hanudas Manikpuri vs State Of Chhattisgarh
2022 Latest Caselaw 4011 Chatt

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                                                                                NAFR

               HIGH COURT OF CHHATTISGARH, BILASPUR

                                 CRA No. 853 of 2022

 • Hannudas @ Hanudas Manikpuri, S/o Manohar Das, aged about 19 Years, R/o

    Village Tikulia P.S.- Bhatapara (Gramin), Distt. Balodabazar-Bhatapara (C.G.).


                                                                          ----Appellant

                                        Versus

 • State of Chhattisgarh, Through P.S. Bhatapara (Gramin) Distt. Balodabazar-

    Bhatapara (C.G.).


                                                                       ---- Respondent

24/06/2022 Mr. Bharat Lal Dembra, counsel for the appellant.

Ms. Deepti Shukla, P.L. for the State.

Heard on I.A. No.01 of 2022, application for suspension of

sentence and grant of bail to the appellant.

By the impugned judgment dated 31.08.2021 passed by the

Special Judge (Protection of Children from Sexual Offences Act, 2012)

Bhatapara, District Balodabazar-Bhatapara, C.G. in Special Criminal

Case No.40/2019, the appellant stands convicted and sentenced as

under:-

Conviction Sentence

Under Section 354 (A)(1)(i) of Rigorous Imprisonment for two Indian Penal Code years and fine of Rs.500/-, in default of payment of fine amount

to undergo further additional rigorous imprisonment for one month Under Section 451 of Indian Penal Rigorous Imprisonment for two Code years and fine of Rs.500/-, in default of payment of fine amount to undergo further additional rigorous imprisonment for one month (Both sentences were directed to run concurrently)

Considering the facts and circumstances of the case, in particular

the fact that the maximum sentence awarded to the appellant is of two

years, the fact that he was on bail during trial and did not misuse the

liberty and that disposal of this appeal is likely to take some time, without

expressing any opinion on the 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 of 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. He shall appear before the Registry of this

Court on 26.09.2022 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

Akhilesh