Ajay Gendre vs State Of Chhattisgarh
2022 Latest Caselaw 4138 Chatt

                                            1

             HIGH COURT OF CHHATTISGARH, BILASPUR

                                    Order Sheet
                          Criminal Appeal No. 982 of 2022

   Ajay Gendre S/o Baran Gendre, aged about 20 years, R/o Village Khurusbod,
    Outpost Devkar, Police Station Saja, District Bemetara (C.G.)

                                                                             ----- Appellant   s




                                     versus
   State of Chhattisgarh, Through- Station House Officer, Police of Police Station -
    Saja, District Bemetara (C.G.)
                                                                          ----- Respondent

30/06/2022 Shri B.P. Singh, Advocate for the appellant.

Shri Raghvendra Verma, Government Advocate 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 27.05.2022 passed by the Additional Sessions Judge (FTC), Bemetara, District Bemetara (C.G.) in Sessions Trial No. 53/2020, the appellant stands convicted and sentenced as under:

                             Conviction                             Sentences
                  Under Section 354 of IPC              R.I. for two years and fine of
                                                        Rs.500/-, in default of payment of
                                                        fine to further undergo R.I. for one
                                                        month
                  Under Section 12 of POCSO             R.I. for two years and fine of
                  Act                                   Rs.500/-, in default of payment of
                                                        fine to further undergo R.I. for one
                                                        month
                                    Both the sentences to run concurrently

Prosecutrix alongwith her father is present in person before this Court

and they are duly identified by Shri Raghvendra Verma, Government Advocate

through their Aadhaar Card. The prosecutrix has stated that she has objection

to grant of bail to appellant by this Court.

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

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

was on bail, after conviction he was granted bail by the trial Court till

25.06.2022 and he did not misuse the liberty so granted, the age of the

appellant 20 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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