Sumit Jaisawal vs State Of Chhattisgarh
2022 Latest Caselaw 3564 Chatt

                         HIGH COURT OF CHHATTISGARH, BILASPUR

                                               Order Sheet

                                               CRA No. 60 of 2022

             Sumit Jaisawal S/o Setram Jaisawal Aged About 21 Years R/o Shivanagar District
             Raigarh Chhattisgarh, District : Raigarh, Chhattisgarh

                                                                               ---- Appellant

                                                   Versus
             State Of Chhattisgarh Through The Station House Officer, Police Station Kotwali, District
             Raigarh Chhattisgarh, District : Raigarh, Chhattisgarh

                                                                                 ---- Respondent

12/05/2022 Ms. Sareena Khan, counsel for the appellant.

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

Heard on I.A. No.1 of 2022, application for suspension of sentence and grant of bail to the appellant.

By the impugned judgment dated 14/12/2021 passed by the Additional Session

Judge, Fast Track Court, Raigarh (C.G.) in Special Criminal Case under the POCSO Act

No. 22/2019, the appellant stands convicted and sentenced as under :-

                    Conviction                                   Sentences

                    Under Section 363 of IPC                     R.I. for four years and fine of
                                                                 Rs.5000/-, in default of payment
                                                                 of fine additional R.I. for three
                                                                 months
               Under Section 366 of IPC                        R.I. for seven years and fine of
                                                              Rs.10,000/-,    in   default     of
                                                              payment of fine additional R.I. for
                                                              six months

                                                              Both the sentences are run
                                                              concurrently.

Looking to the entire evidence of the prosecution, appellant is in jail from 03/04/2019

to 03/03/2021 and thereafter from the pronouncement of judgment i.e. 14/12/2021 till now

and looking to the age of the appellant i.e. 21 years, 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 30th 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