Kiran Khanna vs State Of Chhattisgarh
2022 Latest Caselaw 4059 Chatt

                                           1

             HIGH COURT OF CHHATTISGARH, BILASPUR

                                    Order Sheet
                         Criminal Appeal No. 930 of 2022

   Kiran Khanna W/o Kishan Khanna aged about 40 years (at present age 42 yrs) R/o
    Sahgal gali radhe Krishna apartment, Tarbahar Bilaspur, current add.- Mahamaya
    Para Ratanpur, House of T.S. Pandey, PS.- Ratanpur, District Bilaspur, Chhattisgarh

                                                                           ----- Appellant   s




                                    versus
   State of Chhattisgarh, Through : Station House Officer, P.S. Tarbahar, District
    Bilaspur (C.G.)
                                                                        ----- Respondent

27/06/2022 Ms. Sareena Khan, Advocate for the appellant.

Ms. Binu Sharma, Panel Lawyer for the State. Shri Achyut Tiwari, Advocate for the objector. 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 31.05.2022 passed by the Additional Sessions Judge, Second Fast Track Special Court Bilaspur (C.G.) in Special Criminal Case (POCSO Act) No. 110/2019, the appellant stands convicted and sentenced as under:

                              Conviction                             Sentences
                   Under Section 16/17 of POCSO           R.I. for three years and fine of
                   Act                                    Rs.1,000/-, in default of payment
                                                          of fine to further undergo R.I. for
                                                          six months

Prosecutrix and her father are present before this Court alongwith

their counsel Shri Achyut Tiwari and they are duly identified by their counsel

through their Aadhar Card. The prosecutrix and her father have objection to

grant of bail to appellant by this Court.

Considering the material available on record, considering the

maximum sentence awarded to the appellant is of three years, during trial

the appellant was on bail and she did not misuse the liberty so granted, the

appellant has no criminal antecedents as admitted by State counsel 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 her

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 she shall be released on bail on her 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. She 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 her by the said Court till disposal of

this appeal.

Certified copy today as per rules.

List this appeal for final hearing alongwith Cr.A. No. 900/2022 in due

course.

Sd/-

(Gautam Chourdiya) Judge

vatti