Bhuneshwer Dhritlahre vs State Of Chhattisgarh
2022 Latest Caselaw 3565 Chatt

                                               1

                HIGH COURT OF CHHATTISGARH, BILASPUR

                                       Order Sheet
                            Criminal Appeal No. 806 of 2022

     Bhuneshwer Dhritlahre aged about 23 years, S/o Santram, R/o Village Paragaon,
      P.S. - Gobra, Navapara, Civil and Revenue District Raipur (C.G.)

                                                                                   ----- Appellant   s




                                          versus
     State of Chhattisgarh, through P.S. - Arjuni, District Dhamtari (C.G.)
                                                                                 ----- Respondent

12/05/2022 Shri Rakesh Kumar Thakur, Advocate for the appellant.

Shri Raghvendra Verma, Government Advocate for the State. Heard on admission.

The appeal is admitted for hearing.

Call for the records of the trial Court.

Also 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 30.03.2022 passed by the Special Judge POCSO (F.T.C.), Dhamtari, District Dhamtari (C.G.) in Special Criminal Case No. 14/2020, the appellant stands convicted and sentenced as under:

Conviction Sentences Under Section 363 of IPC R.I. for three years and fine of Rs.500/-, in default of payment of fine to further undergo R.I. for six months Under Section 366 of IPC R.I. for three years and fine of Rs.500/-, in default of payment of fine to further undergo R.I. for six months Both the sentences to run concurrently

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

regarding age of the prosecutrix no specific date of birth was mentioned, nor any

document produced to prove the specific date of birth of the prosecutrix and that

maximum sentence awarded to the appellant is of three years, the age of the

appellant i.e. 23 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