Aayub Khalifa vs State Of Chhattisgarh
2022 Latest Caselaw 1471 Chatt

             HIGH COURT OF CHHATTISGARH, BILASPUR
                                      Order Sheet
                                 CRA No. 221 of 2022
Aayub Khalifa S/o Late Ibrahim Khalifa, Aged About 52 Years R/o Ward No. 1,
Ramanujganj, Police Station- Ramanujganj, District- Balrampur- Ramanujganj
Chhattisgarh.
                                                                        ---- Appellant
                                        Versus
State Of Chhattisgarh through Station House Officer- Ramanjuganj District- Balrampur-
Ramanujganj Chhattisgarh.
                                                                     ---- Respondent

22/03/2022 Mr. Sunil Tripathi, Advocate for the appellant

Mr. B.P. Banjare, Dy. GA for the State.

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

By the impugned judgment dated 18/01/2022 passed in Special Session (POCSO) Case No. 82/2021 by the learned Additional Sessions Judge/ Special Judge (POCSO), Fast Track Court, Ramanujganj, District Balrampur, Ramanujganj (C.G.), the appellant has been convicted and sentenced under the following manner:-

                              Conviction                             Sentence

             U/s 341 of the IPC                       RI for one month and to pay fine of Rs.
                                                      500/-, with default stipulation.

U/s 8 of the Protection of Children from RI for five years and to pay fine of Rs. Sexual Offences Act, 2012 10,000/-, with default stipulation.

Counsel for the appellant submits that the appellant has a good case and has every hope to succeed the appeal on merits. There is no likelihood of the early disposal of this appeal. 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 on 28/02/2022 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 that the statements of the Prosecutrix (PW1), Smt. Kanchan Kesri (PW9), mother of the prosecutrix and the fact that the appellant has been in jail since 07/10/2021, 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. 25,000/- with one surety to the satisfaction of the trial Court for his appearance before the said Court on 26/04/2022 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