Dushyant Kumar Chakresh vs State Of Chhattisgarh
2022 Latest Caselaw 1441 Chatt

             HIGH COURT OF CHHATTISGARH, BILASPUR
                                        Order Sheet
                                  CRA No. 378 of 2022
Dushyant Kumar Chakresh S/o Mahaveer Ram, Aged About 33 Years R/o Harradand,
Manjhatoli, Police Station Kunkuri, District Jashpur Chhattisgarh.
                                                                           ---- Appellant
                                           Versus
State Of Chhattisgarh through the Station House Office, Station Kunkuri, District Jashpur
Chhattisgarh.
                                                                        ---- Respondent

21/03/2022 Mr. Sanjeev Kumar Sahu, Advocate for the appellant

Ms. Smriti Shrivastava, PL for the State.

Heard.

Admit.

Issue notice to the respondent.

Ms. Shrivastava accepts notice on behalf of the State. Now, there is no need to pay PF.

Call for the records of the Court below.

Also heard on I.A. No. 01/2022, application for suspension of sentence and grant of bail.

By the impugned judgment dated 08/02/2022 passed in Special Sessions Case No. 08/2020 by the learned First Additional Sessions & Special Judge, Kunkuri, District Jashpur (C.G.), the appellant has been convicted under Section 8 of the Protection of Children from Sexual Offences Act, 2012 and sentenced to undergo RI for 3 years and to pay fine of Rs. 5,000/- with default stipulation.

Counsel for the appellant submits that the appellant has a Prima-facie case and has every hope to succeed the appeal on merits. The appellant was on bail during trial and he did not misuse the liberty. The appellant is ready to furnish adequate security and shall abide by all the directions and conditions which may be imposed by this Hon'ble High Court, so, he prays to suspend the jail sentence of the appellant.

Per contra, counsel appearing on behalf of the State opposes the application for suspension of sentence and grant of bail.

The prosecutrix along with her father has appeared through video conferencing and has opposed the bail application.

I have heard counsel for the parties and perused the impugned judgment.

Having considered the submissions of the parties, particularly considering the short sentence awarded to the appellant who was on bail during trial and he has not misused the bail, without further commenting on merits of the case, I am inclined to allow the application for suspension of sentence and grant of bail.

Accordingly, 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. 10,000/- with one surety to the satisfaction of the trial Court for his appearance before the said Court on 20/04/2022 and thereafter the appellant shall 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.

Post the matter for final hearing in due course.

Sd/-

(Deepak Kumar Tiwari) Judge

Rahul