Ramesh Sahu vs State Of Chhattisgarh
2022 Latest Caselaw 1698 Chatt

             HIGH COURT OF CHHATTISGARH, BILASPUR
                                       Order Sheet
                                 CRA No. 398 of 2022
Ramesh Sahu S/o Ganesh Ram Sahu, Aged About 19 Years R/o Village Hasaud, P.S.
Hasaud, District Janjgir Champa Chhattisgarh.
                                                                          ---- Appellant
                                         Versus
State Of Chhattisgarh Through The Station House Officer, Police Station Hasaud District
Janjgir Champa Chhattisgarh.
                                                                       ---- Respondent

30/03/2022 Mr. M.K. Jaiswal, Advocate for the appellant Mr. Sudhir Sahu, PL for the State.

Heard.

Admit.

Issue notice to the respondents.

Mr. Sahu accepts notice on behalf of the State. 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 31/07/2021 passed in Special Criminal Case No. 30/2021 by the Special Judge (FRSC), Sakti, District Janjgir-Champa, the appellant has been convicted and sentenced under the following manner:-

                             Conviction                                  Sentence
             U/s 354 of the IPC.                       RI for 1 year and to pay fine of Rs. 500/-
                                                       with default stipulation.
             U/s 323 of the IPC                        RI for 3 months

U/s 8 of the Protection of Children from RI for 3 years and to pay fine of Rs. Sexual Offences Act, 2012 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 appeal will take some time for its final disposal. The appellant has been in jail since 31/07/2021 and he 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 to the appellant. He further submits that the prosecutrix has been duly informed about the bail proceeding on 14/03/2022. He has shown acknowledgment.

Despite service of notice to the prosecutrix, no one appears on her behalf.

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

Having considered the submissions of the parties, particularly considering the appellant was in jail since 06/02/2020 to 16/09/2020, total 224 days and thereafter he has been in jail since 31/07/2021, 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 29/04/2022 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. Trial Court is directed to provide the date of appearance to the appellant at the intervals of 6 months.

Post the matter for final hearing in due course.

Sd/-

                                                           (Deepak Kumar Tiwari)
rahul                                                              Judge