Nathudas Manikpuri @ Konda vs State Of Chhattisgarh
2022 Latest Caselaw 6321 Chatt

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               HIGH COURT OF CHHATTISGARH, BILASPUR

                                  Order Sheet

                             CRA No. 1616 of 2022

    Nathudas Manikpuri @ Konda, S/o Late Panchamdas Manikpuri, A/o- 34
     yarws, R/o Village- kOsla, P.S. Pamgarh, District- Janjgir-Champa (C.G.).
                                                                    ---- Appellant
                                  Versus
    State of Chhattisgarh, Through Station House Officer, Police Station-
     Pamgarh, District- Janjgir-Champa (C.G.)
                                                                  ---Respondent

17.10.2022 Mr. Atul Kumar Kesherwani, counsel for the appellant.

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

Admit.

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

By the impugned judgment dated 30.09.2022 passed by the learned Special Judge (POCSO Act), Janjgir-Champa (C.G.) in Crime No. 278/2021, the appellant stands convicted, as under:-

Conviction Sentence U/s 354-?k of Indian : R.I. for 1 year and fine of Rs.500/-, in Penal Code, 1860 default of payment of fine, further RI for 10 days.

U/s 354 of Indian Penal : R.I. for 1 year and fine of Rs.500/-, in Code, 1860 default of payment of fine, further RI for 10 days.

All sentences were ordered to run concurrently. Considering the fact that the maximum jail sentences awarded to the

appellant is RI for one-one year, and fine amount of Rs. 500/- for each sentence. It is also considered that the appellant has deposited the fine amount and copy of receipt of depositing the amount is enclosed hearewith as Annexure A-2 and further considering the fact that the appeal being of the year 2022, final hearing of the same will likely to take time, I am inclined to suspend the sentence of appellant 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 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 15th December, 2022. 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.

Call for the record of the court below within four weeks. List this appeal for final hearing in due course.

Sd/-

(Narendra Kumar Vyas) Judge

amita