Ramesh Dhuri vs State Of Chhattisgarh
2022 Latest Caselaw 3623 Chatt

               HIGH COURT OF CHHATTISGARH, BILASPUR
                                    Order Sheet
                                  CRA No. 725 of 2022
   Ramesh Dhuri S/o Shri Lachchhi Ram Dhuri Aged About 22 Years (presently
    25 years old) R/o Village - Nawagaon (Amora), Police Station - Jarhagaon,
    Civil    and     Revenue       District -      Mungeli       Chhattisgarh.
                                                              ---- Appellant
                                       Versus
   State Of Chhattisgarh Through The Station House Officer, Police Station -
    Masturi, Civil And Revenue District-Bilaspur Chhattisgarh.      ---- Respondent

13.05.2022 Shri Paras Mani Shriwas, counsel for the appellant.

Shri Anurag Verma, P.L. for the State.

Heard on I.A. No. 01/2022, application for suspension of sentence and grant of bail.

Father of the prosecutrix appeared in person before this Court and he raised objection to release of the appellant on bail.

The appellant has been convicted and sentenced by the judgment of conviction and order of sentence dated 29.03.2022 passed in Special Criminal Case(POCSO Act) No. 122/2018 by the Addtional Sessions Judge Second Fast Track Special Court, Bilaspur (C.G) as under:-

             Conviction                            Sentence
             U/s. 363/34 of IPC                    R.I. for 3 years, fine of Rs.
                                                   1,000/-, default in payment of
                                                   fine amount, additional 6
                                                   months S.I.
             U/s. 354/34 of IPC                    R.I. for 3 years, fine of Rs.
                                                   1,000/-, default in payment of
                                                   fine amount, additional 6
                                                   months S.I.
         U/s. 7/8 of POCSO Act.                 R.I. for 3 years, fine of Rs.
                                               1,000/-, default in payment of
                                               fine amount, additional 6
                                               months S.I.

Considering the facts & circumstances of the case, the maximum sentence imposed upon the appellant is 3 years, he was on bail during trial and after conviction till 28.04.2022, he did not misuse the liberty granted to him, co-accused has already been granted bail vide order dated 02.05.2022, passed in CRA No. 676 of 2022 by this Court, detention period of the appellant, about 45 days during trial, who is 25 years old, final disposal of this appeal is likely to take some time, without commenting anything on merits of the case, the application (I.A. No.1/2022) 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 12.07.2022 and thereafter appear before the trial Court on a date to be given by the Registry and thereafter continue to appear before the trial Court on all such dates as are given to him by the said Court till disposal of this appeal.

List the case for final hearing in due course.

Sd/-

(Gautam Chourdiya) Judge

Nadim