Sourabh Gendle vs State Of Chhattisgarh
2022 Latest Caselaw 3254 Chatt

               HIGH COURT OF CHHATTISGARH, BILASPUR
                                    Order Sheet
                                  CRA No. 33 of 2022


   Sourabh Gendle, S/o Manoj Gendle, Aged About 23 Years, R/o Talapara Near
    House of Chhote Parshad, P.S. Civil Lines Bilaspur, District Bilaspur,
    Chhattisgarh.                                         ---- Appellant
                                       Versus
   State of Chhattisgarh, Through - Police Station Civil Line, District Bilaspur,
    Chhattisgarh.                                                  ---- Respondent

05.05.2022 Shri Pravin Kumar Tulsyan, counsel for the appellant.

Shri Shreshtha Gupta, P.L. for the State.

None appeared for the prosecutrix though served.

Heard on I.A. No. 01/2022, 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 20.12.2021 passed in Special Criminal Case (POCSO Act) No. 130/2018 by the Additional Sessions Judge, Second Fast Track Special Court, Bilaspur (C.G.) as under:-

Conviction Sentence Under Section 354-C of IPC, read R.I. for 3 years with fine of Rs. with Section 11/12 of POCSO Act 1,000/- and default in payment of fine amount, additional R.I.

for 6 months.

Considering the facts & circumstances of the case, the short sentence has been imposed upon the appellant i.e. 3 years, the detention period of the appellant more than 8 months, he was on bail during trial, he did not misuse the liberty granted to him, the appellant has no criminal antecedents, nor is there any previous conviction of 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.1/2022) 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 12.07.2022 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