Rajkumar Banjare vs State Of Chhattisgarh
2022 Latest Caselaw 3420 Chatt

                       HIGH COURT OF CHHATTISGARH, BILASPUR

                                             Order Sheet

                                         CRA No. 667 of 2022
   Rajkumar Banjare S/o Hira Ram Banjare, Aged About 45 Years R/o Village Kharha, P.S.
   Takhatpur, District Bilaspur Chhattisgarh.
                                                                                     ---- Appellant
                                                 Versus
   State Of Chhattisgarh Through P.S. Takhatpur, District Bilaspur Chhattisgarh.
                                                                                   ---- Respondent

10/05/2022 Shri M.K. Beg, counsel for the appellant.

Shri Shivnath Shrivas, P.L. for the State.

Heard on I.A. No.1 of 2022, application under Section 389(2) of Cr.P.C. for suspension of sentence and grant of bail to the appellant.

By the impugned judgment dated 26/03/2022 passed by the Additional Session

Judge, II Fast Track Special Court Bilaspur (C.G.) in Special Criminal Case (POCSO Act)

No.113/2020, the appellant stands convicted and sentenced as under :-

                   Conviction                                   Sentences

                   Under Section 354 of IPC                     R.I. for three years and fine of
                                                                Rs.1,000/-, in default of payment
                                                                of fine additional imprisonment
                                                                for 6 months

                   Under     Section   7/8   of                 R.I. for three years and fine of
                   Protection of Children from                  Rs. 1000/-, in default of payment
                   Sexual Offence Act                           of fine additional imprisonment
                                                                for 6 months.
                                                              Both the sentences are run
                                                             concurrently.

Father of the prosecutrix appeared before this Court and stated that he has no

objection to release the appellant on bail.

Looking to the entire evidence of the prosecution, maximum sentence awarded to

the appellant is three years and he is in custody for two months and twelve days,

disposal of the appeal is likely to take some time, without further commenting on merit, 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.1 of 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 25th August, 2022 and thereafter shall appear before the

trial Court on a date to be given by the Registry and shall continue to appear there on all

such dates as are given to him by the said Court till disposal of this appeal.

List this appeal for final hearing in due course.

Kamde Sd/-

(Gautam Chourdiya) JUDGE