Bhupendra Kumar Suryavanshi vs State Of Chhattisgarh
2022 Latest Caselaw 3255 Chatt

               HIGH COURT OF CHHATTISGARH, BILASPUR
                                    Order Sheet
                                  CRA No. 674 of 2022
   Bhupendra Kumar Suryavanshi, S/o Chatlal Suryavanshi, Aged About 22
    Years, R/o Village Pandhi Charapara, Police Station Seepath, District-
    Bilaspur, Chhattisgarh.                                ---- Appellant
                                       Versus
   State of Chhattisgarh, Through The Police Station Seepath, District Bilaspur,
    Chhattisgarh.                                                    ---- Respondent

05.05.2022 Shri Syed Ishhadil Ali, counsel for the appellant.

Shri Raghvendra Verma, G.A. for the State.

The prosecutrix has appeared before this Court alongwith her mother & father and they have raised objection to release of the appellant on bail.

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 28.03.2022 passed in Special Sessions Case No. 106/2021 by the First FTSC (POCSO)/Additional Sessions Judge, Bilaspur, District-Bilaspur (C.G.) as under:-

             Conviction                             Sentence
             Under Section 354 of IPC                R.I. for 3 years with fine
                                                    amount of Rs. 300/-, default in
                                                    payment of fine amount
                                                    additional R.I. for 4 months.
             Under Section 8 of POCSO Act           R.I. for 3 years with fine
                                                    amount of Rs. 300/-, default in
                                                 payment of fine amount
                                                additional R.I. for 4 months.

Considering the facts & circumstances of the case, the short sentence has been imposed upon the appellant i.e. 3 years, he remained in judicial custody for the period 25 days, he was on bail after conviction and did not misuse the liberty granted to him, there is no criminal criminal antecedents of the appellant nor is there any previous conviction, he is the first offender, he is 22 years old, 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 11.07.2022 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