Jaleshwar vs State Of Chhattisgarh
2022 Latest Caselaw 4139 Chatt

                                              1

              HIGH COURT OF CHHATTISGARH, BILASPUR

                                    Order Sheet
                          Criminal Appeal No. 854 of 2022

   Jaleshwar Son of Sammat Satnami, aged about 30 years, R/o.- Barahi, Police
    Station- Takhatpur, District Bilaspur (C.G.)

                                                                             ----- Appellant   s




                                       versus
   State of Chhattisgarh, Through : Police Station Takhatpur, District Bilaspur (C.G.)
                                                                           ----- Respondent

30/06/2022 Shri Rajeev Kumar Dubey, Advocate for the appellant.

Shri Shrikant Kaushik, 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 17.05.2022 passed by the First Fast Track Special Court (POCSO)/Additional Sessions Judge, Bilaspur (C.G.) in Special Sessions Case No. 47/2019, the appellant stands convicted and sentenced as under:

Conviction Sentences Under Section 363 of IPC R.I. for one year and fine of Rs.200/-, in default of payment of fine to further undergo additional imprisonment for one month Under Section 366-A of IPC R.I. for two years and fine of Rs.300/-, in default of payment of fine to further undergo additional imprisonment for two months Both the sentences to run concurrently

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

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 two years, during trial he

was on bail, presently he is on bail granted by the trial Court and he did not

misuse the liberty so granted, the age of the appellant 30 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

vatti