Motilal Kanvar vs State Of Chhattisgarh
2022 Latest Caselaw 6794 Chatt

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               HIGH COURT OF CHHATTISGARH, BILASPUR

                                  Order Sheet

                            CRA No. 1028 of 2022

 Motilal Kanvar S/o Chhat Ram Kanvar Aged About 42 Years R/o Village Amadarha,
  Ward No. 13, Police Station Baradwar, District Janjgir-Champa (C.G.)
                                                                         ---- Appellant
                                       Versus
 State Of Chhattisgarh Through The Station House Officer, Police Station Baradwar,
  District Janjgir Champa (C.G.)
                                                                      ---Respondent

14.11.2022 Mr. Jeet Ram Patel, counsel for the appellant.

Mr. R.M. Solapurkar, Government Advocate for the State.

Heard on application for suspension of sentence and grant of

bail to the appellant.

By the impugned judgment dated 18.04.2022 passed by the

learned Additional Sessions Judge FTSC Sakti, District- Janjgir-

Champa (C.G.) in Special Criminal Case No. 23/2020, the appellant

stands convicted, as under:-

                      Conviction                             Sentence
                U/s 458 of IPC             : R.I. for 3 years and fine of Rs.1000/-, in
                                                default of payment of fine, 6 months
                                                R.I.
                U/s 506-part II of IPC     : R.I. for 1 years and fine of Rs.500/-, in
                                                default of payment of fine, 3 months
                                                R.I.

U/s 08 of the POCSO : R.I. for 3 years and fine of Rs.2000/-, in Act default of payment of fine, 6 months R.I.

The victim has appeared before this Court through DLSA and

has raised objection in releasing the appellant on bail.

Learned counsel for the appellant would submit that the

appellant has remained in jail for 53 days during trial thereafter

during the trial he was on bail and after conviction, learned trial Court

has granted him bail. He would further submit that the appeal being

of the year 2022, final hearing of the same make take some time,

therefore, the appellant may kindly be released on bail.

On the other hand learned State counsel opposes the bail

application.

Considering the fact that the appellant has remained in jail for

53 days and considering the fact that short sentence has been

awarded, the appeal being of the year 2022 may take time for

disposal of the case, I am inclined to suspend the sentence and

release the appellant 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 to the appellant shall remain suspended

and he shall be released on bail on executing a personal bond in

sum of Rs. 25,000/- with one surety in the like sum to the satisfaction

of trial Court for his appearance before the Registry of this Court on

5 th January, 2023. He 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 him by the

said Court till the disposal of this appeal.

Sd/-

(Narendra Kumar Vyas) Judge

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