Mangru Ram vs State Of Chhattisgarh
2022 Latest Caselaw 3230 Chatt

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                                                                             NAFR
               HIGH COURT OF CHHATTISGARH, BILASPUR
                                     Order Sheet
                                 CRA No. 18 of 2022
    Mangru Ram S/o Ghursay Aged About 25 Years R/o Village Duhduhkona, Police
     Station Bagicha, District Jashpur Chhattisgarh.
                                                                       ---- Appellant
                                         Versus
    State Of Chhattisgarh Through The Police Station Bagicha, District Jashpur
     Chhattisgarh.
                                                                  ---- Respondent

04.05.2022 Mr. V. K. Pandey, Counsel for the appellant.

Ms. Deepti Shukla, P.L. for the State/respondent.

None appeared on behalf of the prosecutrix though served.

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

By the impugned judgment dated 23.12.2021 passed by learned Additional Sessions Judge Jashpur/ Additional charge F.T.C. Jashpur, District- Jashpur (CG.) in Special ST POCSO Case No. 42/2019, the appellant stands convicted and sentenced as under:

Conviction Sentence Under Section 354 of R.I. for 3 years and fine of Rs. 500/-, Indian Penal Code. in default of payment of fine additional R.I. for 7 days.

Under Section 12 of R.I. for 1 year and fine of Rs.500/-, in Protection of Children default of payment of fine additional from Sexual Offences R.I. for 7 days.

Act, 2012.

Considering the facts and circumstances of the case, the fact that maximum jail sentence awarded to the appellant is 3 years, he was on bail during trial and after conviction, he did not misuse the liberty granted to him, he has already deposited the fine amount imposed upon him, statement of PW-1 relative of the prosecutrix, looking to the age of accused and the disposal of the appeal is likely to take some time, 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. 01/2022) 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 for his appearance before the Registry of this Court 17th August, 2022. He shall thereafter continue to appear before the Trial Court on a date to be given by the Registry of this Court and shall continue to appear there on all such subsequent dates as are given to him by the said Court, till disposal of this appeal.

List this case for final hearing in its due course.

Sd/-

(Gautam Chourdiya) Judge

parul