Jitendra Chouhan vs State Of Chhattisgarh
2022 Latest Caselaw 6792 Chatt

             HIGH COURT OF CHHATTISGARH, BILASPUR
                             CRA No. 1717 of 2022
  Jitendra Chouhan S/o Phool Say Chouhan Aged About 31 Years R/o Village-
  Semra, P.S. Pusour, District- Raigarh, Chhattisgarh
                                                                        ---- Appellant
                                    Versus
  State of Chhattisgarh Through Police Station Pusour, District- Raigarh, Chhattisgarh
                                                                     ---- Respondent

14/11/2022 Mr. Vineet Kumar Pandey, Advocate for the appellant.

Mr. Himanshu Sharma, PL for the State.

Heard on application (I.A. No. 01/2022) for suspension of

sentence and grant of bail to the appellant.

By the impugned Judgment dated 14.10.2022, passed by learned Additional Sessions Judge, FTSC (POCSO) Raigarh, District Raigarh (CG) in Special Criminal Case under POCSO Act, 14 of 2022, the appellant stands convicted and sentenced as under:

                       Conviction                            Sentence
              U/s. 354 IPC                   RI for 3 years with fine of Rs. 1000/- in
                                             default of payment of fine additional SI
                                             for 3 months.
              U/s. 8 of POCSO Act            RI for 3 years with fine of Rs. 1000/- in
                                             default of fine additional SI for 3
                                             months.

Learned counsel for the appellant submits that the appellant is on bail during trial and after conviction, the appellant has been granted interim bail upto 14.10.2022 by the trial Court and he did not misuse the liberty granted to him, therefore, application filed under Section 389(2) for suspension of sentence and grant of bail may be considered.

On the other hand, learned State Counsel opposes application filed under Section 389(2) CrPC for suspension of sentence and grant of bail.

In pursuance of notice issued by this Court for appearance of the victim/complainant. The girl/victim appeared through video conferencing from DLSA, Raigarh and She objected to grant of bail to the appellant.

I have heard learned counsel for the parties. Considering the facts and circumstances of the case, particularly considering the short sentence awarded to the appellant and fine amount has already been deposited by him and final hearing of this appeal is likely to take considerable time, hence, I feel inclined to allow I.A. No.01/2022.

Accordingly, the application is allowed.

It is directed that the 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 for a sum of Rs. 25,000/- with one surety for the like sum to the satisfaction of the Trial Court for his appearance before the Registry of this Court on 05.01.2023. He shall thereafter continue to appear before the Registry of this Court on all such subsequent dates are are given to him by the Registry of this Court till the disposal of this appeal.

Sd/-

(Narendra Kumar Vyas) Judge

santosh