Shailendra Kumar Rathore @ Bholu vs State Of Chhattisgarh
2022 Latest Caselaw 3488 Chatt

                                             1

               HIGH COURT OF CHHATTISGARH, BILASPUR

                                      Order Sheet
                            Criminal Appeal No. 550 of 2022

     Shailendra Kumar Rathore @ Bholu S/o Kewla Prasad Rathore, aged about 28
      years, R/o Nawapara Bacharwar, Police Station Pendra, District- Gourela - Pendra -
      Marwahi (C.G.)

                                                                              ----- Appellant   s




                                         versus
     State of Chhattisgarh: Through - Station House Officer, Police of Police Station -
      Pendra, District Gaurela - Pendra - Marwahi (C.G.)
                                                                            ----- Respondent

11/05/2022 Shri Yogendra Chaturvedi, Advocate for the appellant.

Smt. Usha Chandrakar, Panel Lawyer for the State. Heard on I.A. No. 01 of 2022, application under Section 389 (1) of Cr.P.C. for suspension of sentence and grant of bail to appellant.

By the impugned judgment dated 11.03.2022 passed by the Special Additional Sessions Judge, Pendraroad, District Bilaspur (C.G.) in Special Session Case No. 17/2021, the appellant stands convicted and sentenced as under:

Conviction Sentences Under Section 451 of IPC R.I. for two years and fine of Rs.1,000/-, in default of payment of fine to further undergo R.I. for one month Under Section 8 of POCSO Act R.I. for three years and fine of Rs.1,000/-, in default of payment of fine to further undergo R.I. for one month Both the sentences to run concurrently

On 04.05.2022, the prosecutrix appeared before this Court alongwith her

parents and she raised objection to release of the appellant on bail.

Considering the material available on record, in particular the fact that

maximum sentence awarded to the appellant are of three years and he remained

in jail for about one month & twelve days, the age of the appellant i.e. 28 years at

the time of incident, the appellant was on bail during trial and did not misuse the

liberty so granted and disposal of this 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. 01 of 2022) is allowed.

It is directed that the execution of substantive jail sentence imposed upon

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 18th July, 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.

Certified copy as per rules.

List this appeal for final hearing in due course.

Sd/-

(Gautam Chourdiya) Judge

vatti