Shivendra Sonvani vs State Of Chhattisgarh
2022 Latest Caselaw 1510 Chatt

             HIGH COURT OF CHHATTISGARH, BILASPUR
                                       Order Sheet
                                 CRA No. 114 of 2022
Shivendra Sonvani S/o Balkishan Sonwani @ Haddi, Aged About 32 Years R/o. Prabhat
Nagar, Lalbagh, Rajnandgaon, District Rajnandgaon Chhattisgarh.
                                                                      ---- Appellant
                                         Versus
State Of Chhattisgarh through Station House Officer, Police Station City Kotwali,
Rajnandgaon, District Rajnandgaon Chhattisgarh.
                                                                   ---- Respondent

23/03/2022 Mr. Anand Kumar Gupta, Advocate for the appellant

Ms. Smriti Shrivastava, PL for the State.

This is an admitted appeal.

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

By the impugned judgment dated 24/11/2021 passed in Special Criminal (POCSO) Case No. 74/2019 by the Additional Sessions Judge, FTC, Special Court (POCSO), Rajnandgaon (C.G.)., the appellant has been convicted and sentenced under the following manner:-

                              Conviction                            Sentence

             U/s 354 of the IPC.                     RI for 5 years and to pay fine ofRs.
                                                     500/-.

U/s 8 of the Protection of Children from RI for 5 years and to pay fine of Rs. Sexual Offences Act, 2012 500/-, 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 from 01/12/2019 to 17/10/2021 and he had not misused the liberty, presently he has been in jail since 18/10/2021. 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 09/03/2022 and has not 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 statements of the Prosecutrix, the appellant was on bail from 01/12/2019 to 17/10/2021, he had not misused the liberty and the fact that the appellant has been in jail since 18/10/2021, 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. 01/2021 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)
Rahul                                                            Judge