Narendra Kumar Sahu vs State Of Chhattisgarh
2022 Latest Caselaw 3180 Chatt

                      HIGH COURT OF CHHATTISGARH, BILASPUR

                                            Order Sheet

                                        CRA No. 573 of 2022
  Narendra Kumar Sahu S/o Kriparam Aged About 40 Years R/o Village - Kamkapar, P.S. -
  Mangchuwa, District- Balod Chhattisgarh., District : Balod, Chhattisgarh
                                                                                  ---- Appellant
                                               Versus
  State Of Chhattisgarh Through Police Station Balod, District- Balod Chhattisgarh., District :
  Balod, Chhattisgarh
                                                                                ---- Respondent

02/05/2022 Shri Shikhar Sharma, counsel for the appellant.

Shri Anurag Verma, P.L. for the State.

Heard on I.A. No.1 of 2022, application for suspension of sentence and grant of bail to the appellant.

By the impugned judgment dated 15/03/2022 passed by the Special Judge

(POCSO Act, 2012) Balod (C.G.) in Special Session Case No.113/2017, the appellant

stands convicted and sentenced as under :-

                   Conviction                                   Sentences

                   Under Section 354 of IPC                     R.I. for one year and fine of
                                                                Rs.1,000/-, in default of payment
                                                                of fine additional imprisonment
                                                                for 1 month

Prosecurtrix along with her mother is present in person and they raised

objection to release the appellant on bail. Prosecutrix and her mother have been duly

identified by the counsel for the appellant and State. Copy of the Aadhar Card of the

prosecutrix has also been taken on record today.

Considering the facts and circumstances of the case, particularly considering

the short sentence awarded to the appellant i.e. one year R.I. he was on bail during

trial, he did not misuse the liberty so granted, he has already deposited the fine

amount, disposal of this appeal is likely to take some time, without further commenting

on merit, I am of the opinion that present is a fit case to suspend the jail sentence

imposed upon the appellant and to release him on bail.

Accordingly, the application (I.A. No.1 of 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.1,00,000/- with two

sureties of Rs.50,000/- each to the satisfaction of the trial Court. He shall appear

before the Registry of this Court on 30th June, 2022 and thereafter shall appear before

the trial Court on a date to be given by the Registry and shall continue to appear there

on all such dates as are given to him by the said Court till disposal of this appeal.

List this appeal for final hearing in due course.

Sd/-

                                                  (Gautam Chourdiya)
Kamde                                                   JUDGE