Kaushlendra Rathore vs State Of Chhattisgarh
2022 Latest Caselaw 3649 Chatt

                        HIGH COURT OF CHHATTISGARH, BILASPUR

                                       Order Sheet

                           Criminal Appeal No. 542 of 2022

                     Kaushlendra Rathore Versus State of Chhattisgarh




23/05/2022            Shri Vivek Mishra counsel for the appellant.

                      Shri Lalit Jangde Dy. GA for the respondent.

Heard on IA No. 1/2022 - for suspension of sentence and grant of bail.

By judgment and order impugned dated 10.3.2022 passed in

Special Case No. 61/2020, the appellant has been convicted under

Sections 12 of POCSO Act and sentenced to RI for two years with fine of

Rs. 600/-; u/s 3 (1) (w) of Scheduled Caste and Scheduled Tribes

(Prevention of Atrocities) Act and sentenced to RI for one month; u/s 3(2)

(va) Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act

and sentenced to RI for one year with fine of Rs. 300/-, plus default

clauses.

Counsel for the appellant submits that the appellant was on bail

during trial and did not misuse the liberty granted to him; that this appeal

may take some more time for final disposal, and therefore it would be in

the interest of justice if the sentence imposed on him are suspended and

he is released on bail.

State counsel however opposes the application for suspension of

sentence and grant of bail.

Having heard counsel for the parties, considered the facts and

circumstances of the case and that the appellant was on bail during trial

and did not misuse the liberty, this Court is of the opinion that it is a fit

case where the substantive sentence imposed on the appellant can be

suspended and he can be directed to be released on bail. Accordingly,

the application is allowed. It is directed that the substantive sentence

imposed on the appellant shall remain suspended and he shall be

released on bail on his furnishing a bond in the sum of Rs. 25,000/- with

one surety for the like sum to the satisfaction of the trial Court for his

appearance before this Registry of this Court on 08.08.2022 and then

before the trial Court on the dates as are given to him in this regard.

IA Nos. 2 and 3 - for urgent hearing and for hearing during summer

vacation respectively stand disposed of.

Sd/-

(Deepak Kumar Tiwari)

V. Judge

Jyotishi