Bhameshwar Sahu vs State Of Chhattisgarh
2022 Latest Caselaw 6817 Chatt

             HIGH COURT OF CHHATTISGARH, BILASPUR
                             CRA No. 1624 of 2022
  Bhameshwar Sahu S/o Chaturdas Sahu Aged About 25 Years R/o Village
  Khamhardih, Police Station- Khairagarh, District : Khairagarh-Chhuikhadan-Gandai,
  Chhattisgarh
                                                                        ---- Appellant
                                     Versus
  State of Chhattisgarh Through The Police Station- Khairagarh, District : Khairagarh-
  Chhuikhadan-Gandai, Chhattisgarh
                                                                     ---- Respondent

15/11/2022 Mr. Dhirendra Prasad Mishra, Advocate for the appellant.

Ms. Ishwari Ghritlahare, PL for the State.

Heard on admission.

Admit.

Call for the record of the Court below.

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

sentence and grant of bail to the appellant.

By the impugned Judgment dated 23.09.2022, passed by learned Special Additional Sessions Judge (POCSO) Khairagarh, District Khairagarh Chhuikhadan Gandai, (CG) in Special Sessions Trial No. 13/2020, the appellant stands convicted and sentenced as under:

Conviction Sentence U/s. 451 IPC RI for 2 years and to pay fine of Rs.

2000/- in default of payment of fine additional RI for 2 months.

U/s. 7 and 8 of POCSO Act RI for 3 years and fine of Rs. instead of 354(1)(i) as greater in degree by virtue of section 3000/- in default of fine additional RI 42 of POCSO Act. 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 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 and would submit that there is clinching evidence to prove the guilt of the appellant, therefore, the trial Court has rightly passed the order of conviction and judgment of sentence which does not warrant interference by this Court and would pray for rejection of application.

In pursuance of notice issued by this Court for appearance of the victim, she has appeared before this Court through DLSA Rajnandgaon and made statement that the bail may not be granted 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 he has already remained in jail about 11 months and 2 days, the appeal is of year 2022 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 04.01.2023. 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.

List this case for final hearing.

Sd/-

(Narendra Kumar Vyas) Judge

santosh