Dhaneshwar Dhruv @ Chhotu vs State Of Chhattisgarh
2022 Latest Caselaw 6895 Chatt

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                      HIGH COURT OF CHHATTISGARH, BILASPUR

                                        Order Sheet

                                   CRA No. 1772 of 2022

    Dhaneshwar Dhruv @ Chhotu S/o Durga Prasad Dhruv aged about- 27 years: R/o
     Sakin-Odan: Police Station- Palari District- Balodabazar Bhatapara (C.G.).

                                                                                ---- Appellant
                                           Versus
    State of Chhattisgarh Through: Police Station Incharge Palari; Balodabazar District-
     Balodabazar Bhatapara (C.G.).

                                                                             ---- Respondent

17.11.2022 Mr. Manish Kumar Sinha, Advocate on behalf of Mr. Sumit Jhawar, Advocate for the appellant.

Mr. Praveen Shrivastava, P. L. for the State/respondent.

Heard on application (I.A. No. 01 of 2022) for suspension of sentence and grant of bail to the appellant.

By the impugned Judgment dated 04.11.2022, passed by Additional District & Sessions Judge FTC (POCSO Act), Balodabazar, (C.G.) in Special Criminal Case(POCSO) No. 74/2021 and Crime No. 544/2021, the appellant has been acquitted from the offence registered under the POCSO Act whereas stands convicted and sentenced as under:

S. No. Conviction Sentences

1. Under Section 354 (a) of Indian R.I. for 6 months and fine Penal Code of Rs. 1000/- in default of payment of fine amount to further undergo 3 months R. I.

2. Under Section 354(d) of Indian R.I. for 1 year and fine of Penal Code Rs. 2000/- in default of payment of fine amount to further undergo 3 months R.I.

All sentences were ordered to be run concurrently.

Learned counsel for the appellant submits that the appellant has been falsely implicated in this case. He would further submit that during trial the appellant was remained in jail only for six days and he has already deposited the fine amount. He lastly submits that the appeal is of the 2022 and disposal of the appeal is likely to take some time. Therefore, it is prayed that the appellant may be released on bail.

On the other hand, learned State Counsel opposes submissions of the counsel for the appellant.

I have heard learned counsel for the parties.

Considering the facts and circumstances of the case, nature & gravity of allegations against appellant and particularly considering the fact that the fine amount has already been deposited by the appellant and disposal of the appeal may take some time, without expressing anything on merit of the case I am inclined to allow the appellant to release on bail.

Accordingly, application (IA No.1 of 2022) for suspension of sentence and grant of bail is allowed and it is directed that execution of further substantive jail sentence of the appellant shall remain suspended and he shall be released on bail on his 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 7th of February, 2022. He shall thereafter appear before Registry of this Court on a date to be given by the Registry of this Court and shall continue to appear on all such subsequent dates as are given to him by the Registry of this Court till the disposal of this

appeal.

Call for the record of the Court below.

List this appeal for final hearing in due course.

Sd/-

(Narendra Kumar Vyas) Judge

amita