Badrinath Sahu vs State Of Chhattisgarh
2022 Latest Caselaw 1509 Chatt

             HIGH COURT OF CHHATTISGARH, BILASPUR
                                         Order Sheet
                                    CRA No. 301 of 2022
Badrinath Sahu S/o Amrit Lal Sahu Aged About 20 Years (Now 21 Years) R/o Hindadih,
Police Station Seepat, District Bilaspur Chhattisgarh.
                                                                        ---- Appellant
                                           Versus
State Of Chhattisgarh through Station House Officer, Police Of Police Station Seepat,
District Bilaspur Chhattisgarh.
                                                                     ---- Respondent

23/03/2022 Mr. G.V. Kutumba Rao, Advocate for the appellant

Mr. B.L. Sahu, PL for the State.

Heard.

Admit.

Issue notice to the respondent.

Mr. Sahu accepts notice on behalf of the respondent. Now there is no need to pay PF.

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

By the impugned judgment dated 11/01/2022 passed in Special Criminal Case (POCSO) No. 15/2020 by the Additional Sessions Judge, Second FTC Special Court, Bilaspur (C.G.)., the appellant has been convicted and sentenced under the following manner:-

Conviction Sentence Under Section 11/12 of the Protection of RI for 3 years and to pay fine of Rs. Children from Sexual Offences Act, 1000/- 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. The appellant was on bail during trial and he had not misused the liberty. At present, he is on bail and finality of the appeal is expected to take much time. 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.

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 and the fact that the appellant had not misused the liberty during bail and at present he is on 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 28/04/2022 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