Jitendra Sharma @ Pukiya vs State Of Chhattisgarh
2022 Latest Caselaw 3264 Chatt

                                                                                        NAFR

                  HIGH COURT OF CHHATTISGARH, BILASPUR
                                   CRA No. 633 of 2022

    Jitendra Sharma @ Pukiya S/o Shri Ramjanam Sharma Aged About 24 Years R/o Shastri
     Nagar, Saksharta Chouk, Ashok Kirana Ke Paas , Camp 1 Bhilai, Thana Chhavani,
     District Durg Chhattisgarh.                                ---- Petitioner

                                            Versus

    State Of Chhattisgarh Through Station House Officer, Police Station Chhavani, District
     Durg Chhattisgarh.                                                ---- Respondent

05/05/2022 Mr. Vikas Kumar Pandey, counsel for the appellant.

Ms. Usha Chandrakar, P.L. for the State.

None for the victim/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 17.03.2022 passed by the Learned

Upper Session Judge, Third Fast Track Special Court (POCSO Act) Durg,

District Durg, CG in Special Sessions Trial NO. 159 of 2019 the appellant

stands convicted and sentenced as under:

                          Conviction                              Sentence

             Under Section 458 of IPC                RI of 3 years and fine of amount
                                                     of Rs. 1000/- in default of
                                                     payment      of   fine   further   2
                                                     months RI.

Under Section 42 of POCSO Act in RI of 3 years and fine of amount alternate 354 of IPC and 8 of of Rs. 1000/- in default of POCSO Act. payment of fine further 2 months RI.

Under Section 354(A) of IPC. RI of 01 year.

             Under Section 354(D) of IPC.            RI of 2 years and fine of amount
                                                 of   Rs. 500/-        in    default   of
                                                payment      of   fine      further    2
                                                months RI.

(All the sentences were directed to run concurrently)

Considering the facts and circumstances of the case, the detention period of the appellant I.e. more than one month, who is 24 years of age, the fact that he was on bail during trial & after conviction, fine amount has already been paid, he has no criminal antecedents and previous conviction, without commenting anything merits of the case, I am inclined to allowed this application.

Accordingly, the application (I.A. No.01 of 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.15,000/- with two sureties to the satisfaction of the trial Court.

He shall appear before the Registry of this Court on 20.07.2022 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 this case for final hearing in due course.

Sd/-

Gautam Chourdiya Judge Pawan