Ganesh Setthi vs State Of Chhattisgarh
2022 Latest Caselaw 6958 Chatt

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                 HIGH COURT OF CHHATTISGARH, BILASPUR

                                     Order Sheet

                               CRA No. 1698 of 2022

 Ganesh Setthi S/o Kameshwar Setthi Aged About 24 Years R/o Chief House,
  Godripara, P.S. Chirmiri, District : Koriya (Baikunthpur), Chhattisgarh
                                                                             ---- Appellant
                                         Versus
 State Of Chhattisgarh Through Station House Officer, Police Station - Chirmiri, District :
  Koriya (Baikunthpur), Chhattisgarh
                                                                            ---Respondent

18.11.2022 Mr. Ramsajivan, counsel for the appellant.

Mr. R.M. Solapurkar, Government Advocate for the State. The victim has appeared before this Court through concerned DLSA and has raised objection in releasing the appellant on bail.

In view of the appearance of the victim, the default pointed out by the Registry is overruled.

Heard on application for suspension of sentence and grant of bail to the appellant.

By the impugned judgment dated 18.10.2022 passed by the learned Additional Sessions Judge (FTSC) (POCSO), Manendragarh, District- Koriya (C.G.) in Special Criminal Case No. 55/2019, the appellant stands convicted, as under:-

                          Conviction                             Sentence
                  U/s 354 of IPC              : R.I. for 2 year and fine of Rs.500/-, in
                                                  default of payment of fine, 1 month R.I.


                  U/s 354-D of IPC            : R.I. for 1 year and fine of Rs.500/-, in


                             default of payment of fine, 1 month R.I.

U/s 8 of POCSO Act, : R.I. for 3 year and fine of Rs.500/-, in 2012 default of payment of fine, 1 month R.I. The sentences were directed to run concurrently. Learned counsel for the appellant would submit that the appellant has remained in jail from 22.11.2018 to 22.01.2019 and sentence awarded to the appellant is RI for three years, the appellant was on bail during trial and did not misuse the liberty granted to him and even after conviction, his jail sentence was temporarily suspended by the trial Court under Section 437(A) of Cr.P.C., so as to make him 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 will likely to take 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 a short sentence has been awarded to the appellant, the appellant has remained in jail for two months, during trial he was on bail, the appeal being of the year 2022, it may take some time for hearing the case, I am inclined suspend the sentence of appeal and release him 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 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 6 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 there on all such subsequent dates as are given to him by the said court till the disposal of this appeal.

Sd/-

(Narendra Kumar Vyas) Judge

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