Imran Ali vs State Of Chhattisgarh
2022 Latest Caselaw 3228 Chatt

              HIGH COURT OF CHHATTISGARH, BILASPUR
                                     Order Sheet
                                  CRA No. 1600 of 2021
  Imran Ali, S/o Akhtar Ali, Aged About 23 Years, R/o Near Masjid Santoshi
    Nagar, P.S.Tikrapara, District Raipur, Chhattisgarh.             ---- Appellant
                                        Versus
  State of Chhattisgarh, Through- Station House Officer, Police Station
    Tikarapara, Raipur, District Raipur, Chhattisgarh.              ---- Respondent

04.05.2022 Shri Pushpendra Kumar Patel, counsel for the appellant.

Shri Shrikant Kaushik, P.L. for the State/respondent.

Prosecutrix appeared before this Court alongwith her mother, both have raised objection to release of the appellant on bail.

Heard on I.A. No. 01/2021, application for suspension of sentence and grant of bail.

The appellant has been convicted and sentenced by the judgment of conviction and order of sentence dated 27.11.2021 passed in Special Criminal Case No 177/2019 by the Additional Sessions Judge, FTC Special Court, Raipur, District- Raipur (C.G.) as under:-

Conviction Sentence Under Section 341 of IPC Fine of Rs. 100/- and default in payment of fine amount, additional SI for 7 days.

Under Section 354 of IPC R.I. for 3 years with fine of Rs.

500/-, default in payment of fine amount additional R.I. for 1 month.

Under Section 354 (A) of IPC R.I. for 6 months with fine of Rs. 100/- and default in payment of fine amount additional R.I. for 15 days.

Under Section 354 (D) (1) of IPC R.I. for 6 months with fine of Rs. 100/- and default in payment of fine amount additional R.I. for 15 days.

Under Section 323 of IPC Fine of Rs. 500/- and default in payment of fine amount additional S.I. for 7 days.

Under Section 12 of POCSO Act R.I. for 1 year with fine of Rs.

500/- and default in payment of fine amount, additional R.I. for 15 days.

The appellant has already deposited the fine amount imposed by the learned trial Court.

Considering the facts & circumstances of the case, the maximum sentence awarded to the appellant is 3 years, detention period of the appellant more than 2 months, who is 23 years old, he has already deposited the fine amount imposed upon him, he was on bail during trial and he did not misuse the liberty granted to him, final disposal of this appeal is likely to take some time, without commenting anything on merits of the case, the application ( I.A. No.1/2021) 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.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 06.07.2022 and thereafter appear before the trial Court on a date to be given by the Registry and thereafter 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.

List the case for final hearing in due course.

Sd/-

(Gautam Chourdiya) Judge

Nadim