Chattisgarh High Court
Phool Singh Nirala vs State Of Chhattisgarh on 23 March, 2022
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
CRA No. 87 of 2022
Phool Singh Nirala S/o Dindayal Nirala Aged About 37 Years R/o Bisanpur, Police Station-
Bilaigarh, District- Baloda Bazar- Bhatapara Chhattisgarh.
---- Appellant
Versus
State Of Chhattisgarh through Police Station Bilaigarh, District Baloda Bazar- Bhatapara
Chhattisgarh.
---- Respondent
23/03/2022 Mr. Pushpendra Kumar Patel, Advocate for the appellant
Mr. Roshan Dubey, 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 17/12/2021 passed in Special
Criminal Case (POCSO) No. 58/2019 by the Additional District & Sessions
Judge, FTC, (POCSO Act), Balodabazar (C.G.)., the appellant has been
convicted and sentenced under the following manner:-
Conviction Sentence
U/s 452 of the IPC. RI for 1 year and to pay fine of Rs. 500/-
with default stipulation.
U/s 354 of the IPC RI for 1 year and to pay fine of Rs. 500/-
with default stipulation.
U/s 8 of the Protection of Children from RI for 3 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. There is no evidence to
show that the appellant has committed the offence. The appellant was on bail
during trial and he had not misused the liberty. At present, he is on bail for
limited period. 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.
Father of the prosecutrix has appeared before this Court 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 and the fact that the
appellant had not misused the liberty during bail and at present he is on bail
for limited period, 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)
Judge
Rahul
