Vijay @ Baba Basor vs State Of Chhattisgarh
2022 Latest Caselaw 3624 Chatt

                                             1

                                                                                          NAFR

                 HIGH COURT OF CHHATTISGARH, BILASPUR

                                   CRA No. 715 of 2022

  Vijay @ Baba Basor, S/o Chitrasen Basor, aged about 20 Years, R/o Ward No. 14,
   Sarai Dafai Ledri, P.S. Jhagrakhand, District Korea, Chhattisgarh.

                                                                                     ---Appellant

                                          Versus

  State of Chhattisgarh, Through Station House Officer, Jhagrakhand, District Korea
   (Chhattisgarh).

                                                                              ---- Respondent

13/05/2022 Shri Hemant Kumar Agrawal, counsel for the appellant.

Shri Shrikant Kaushik, P.L. for the State.

None for the Objector.

Heard on I.A. No.01 of 2022, application for suspension of sentence

and grant of bail to the appellant.

By the impugned judgment dated 30.03.2022 passed by the

Additional Sessions Judge F.T.S.C. (POCSO) Manendragarh, District

Koriya, C.G. in Special Criminal Case No.34/2019, the appellant stands

convicted and sentenced as under:-

Conviction Sentence

Under Section 457 of Indian Rigorous Imprisonment for one Penal Code year and fine of Rs.500/-, in default of payment of fine amount to undergo further additional rigorous imprisonment for one month

Under Section 354-A (1) of Rigorous Imprisonment for one Indian Penal Code year and fine of Rs.500/-, in default of payment of fine amount to undergo further additional rigorous imprisonment for one month Under Section 8 of Protection Rigorous Imprisonment for three of Children from Sexual years and fine of Rs.500/-, in Offences Act, 2012 default of payment of fine amount to undergo further additional rigorous imprisonment for one month Considering the facts and circumstances of the case, in particular

the fact that the maximum sentence awarded to the appellant is of three

years, the appellant was on bail during trial and did not misuse the liberty

granted to him and disposal of the appeal is likely to take some time,

without expressing any opinion on the merits of the case, 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 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 11.07.2022 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

Akhilesh