Chanchal Sonwani vs State Of Chhattisgarh
2022 Latest Caselaw 3659 Chatt

           HIGH COURT OF CHHATTISGARH, BILASPUR
                                Order Sheet
                    Criminal Appeal No. 118 of 2022

1. Chanchal Sonwani S/o Krishna Sonwani Aged About 22 Years R/o Village
   Bhaisa, Police Station Kharora, District Raipur Chhattisgarh.

2. Sanoj Sonwani S/o Krishna Sonwani Aged About 19 Years R/o Village
   Bhaisa, Police Station Kharora, District Raipur Chhattisgarh.

                                                                     ---- Appellants

                                     Versus

 State Of Chhattisgarh Through Station House Officer, Police Station Kharora,
  District Raipur Chhattisgarh.

                                                                   ---- Respondent

30.05.2022 Mr. B.S. Rajput, counsel for the appellants.

Mr. Avinash K. Mishra, Govt. Advocate for the State/respondent.

Heard on application for suspension of sentence and grant of bail to the appellants.

By the impugned judgment dated 06.12.2021 passed by the learned Additional Sessions Judge/Second FTC Court, Raipur, District- Raipur (C.G.) in Special Criminal Case (POCSO) No. 159/2018, the appellants stand convicted, as under:-

                        Conviction                         Sentence

               U/s 451/34of IPC             : R.I. for 1 year and fine of Rs.200/-,
                               in default of payment of fine, 1
                              month R.I.

 U/s 354/34 of IPC          : R.I. for 3-3 years and fine of Rs.
                              200 - 200/-, in default of payment
 (Two times)
                              of fine, 3-3 months R.I.

U/s 8 of POCSO Act, : R.I. for 3-3 years and fine of 2012 (Two times) Rs.200-200/-, in default of payment of fine, 3-3 months R.I.

U/s 323 of IPC (Two : fine of Rs.100-100/-, in default of times) payment of fine, 1-1 months R.I.

Sentences are directed to run concurrently. Considering the fact that the maximum jail sentence awarded to the appellant is RI for three years, the appellants were on bail during trial and did not misuse the liberty granted to them and even after conviction, their jail sentences were temporarily suspended by the trial Court under Section 437(A) of Cr.P.C., so as to make it convenient to prefer an appeal and get bail from this Court and further considering the fact that the appeal being of the year 2022, final hearing of the same likely to take time, I am inclined suspend the sentence of appellants and release them on bail.

Accordingly, application for suspension of sentence and grant of bail is allowed and it is directed that execution of further substantive jail sentence of the appellants shall remain suspended and they shall be released on bail on executing personal bond in sum of Rs. 25,000/- each with one surety in the like sum to the satisfaction of trial Court for their appearance before the Registry of this Court on 01 st August, 2022. They shall thereafter appear before the trial Court on a date to be given by the Registry of this Court and shall continue to appear on all such subsequent dates as to be given to them by the said Court till the disposal of this appeal.

List this appeal for final hearing in due course.

Sd/-

(Narendra Kumar Vyas) Vacation Judge

Deshmukh