Smt. Phulbai vs State Of Chhattisgarh
2022 Latest Caselaw 6814 Chatt

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               HIGH COURT OF CHHATTISGARH, BILASPUR

                                  Order Sheet

                     Criminal Appeal No. 1746 of 2022

1. Smt. Phulbai W/o Shri Palan Sonwani Aged About 42 Years Village Jallikhurd
   Police Station Fasterpur, District : Mungeli, Chhattisgarh
2. Smt. Pinki Satyam W/o Niranjan Satyam Aged About 21 Years Village Jallikhurd
   Police Station Fasterpur, District : Mungeli, Chhattisgarh
                                                                   ---- Petitioner
                                    Versus
 State Of Chhattisgarh Through - District Magistrate, Mungeli, District : Mungeli,
  Chhattisgarh
                                                                   ---Respondent

15.11.2022 Mr. Vijay Shankar Mishra, counsel for the appellants.

Mr. R.M. Solapurkar, Govt. Advocate for the State/respondent. Heard.

Admit.

Call for record.

Also, heard on application for suspension of sentence and grant of bail to the appellants.

By the impugned judgment dated 20.10.2022 passed by the learned Special Judge/Second (FTSC) POCSO Act, Mungeli, District- Mungeli (C.G.) in Special Criminal Case No. 25/2020, the appellants stand convicted, as under:-

                      Conviction                       Sentence

                U/s 456 of IPC            : R.I. for 3 years and fine of


                             Rs.1000/-, in default of payment of
                             fine, 1 month S.I.

 U/s 201/34 of IPC         : R.I. for 3 years and fine of Rs.
                             1000/-, in default of payment of
                             fine, 1 month S.I.

 U/s 506-I of IPC          : R.I.   for   1   year   and   fine   of
                             Rs.1000-, in default of payment of
                             fine, 1 months S.I.

Sentences were 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 9 th January, 2023. 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.

Sd/-

(Narendra Kumar Vyas) Vacation Judge

Deshmukh