Tika Ram Sahu vs The State Of Chhattisgarh
2022 Latest Caselaw 3422 Chatt

                       HIGH COURT OF CHHATTISGARH, BILASPUR

                                             Order Sheet

                                         CRA No. 708 of 2022
         Tika Ram Sahu S/o Bisar Ram Sahu, Aged About 35 Years R/o Village Dhaurabhatha,
         P.S. Aarang, Tehsil Raipur, District Raipur (Chhattisgarh), District : Raipur, Chhattisgarh

                                                                                     ---- Appellant
                                                Versus
         The State Of Chhattisgarh Through The Station House Officer, Police Station Newai,
         District Durg Chhattisgarh, District : Durg, Chhattisgarh

                                                                                   ---- Respondent

10/05/2022 Shri Avinash Chand Sahu, counsel for the appellant.

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

After service of notice, no one appears on behalf of the prosecutrix.

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

By the impugned judgment dated 14/03/2022 passed by the Additional Session

Judge, Fourth Fast Track Special Court, Durg (C.G.) in Special Session Case (POCSO)

No.116/2018, the appellant stands convicted and sentenced as under :-

                   Conviction                                    Sentences

                   Under Section 354 of IPC &                    R.I. for three years and fine of
                   Section 8 of POCSO Act but                    Rs.2,000/-, in default of payment
                   the appellant has been                        of    fine    additional    simple
                   sentenced under Section 8 of                  imprisonment for one month
                   POCSO Act.

Looking to the entire evidence of the prosecution, no one appeared on behalf of the prosecutrix, maximum sentence awarded to the appellant is three years and he is in

custody for 22 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.

Sd/-

(Gautam Chourdiya) JUDGE

Kamde