Durana Sona @ Droni vs State Of Chhattisgarh
2022 Latest Caselaw 6326 Chatt

                                                                            Page 1 of 2

                 HIGH COURT OF CHHATTISGARH, BILASPUR
                                    Order Sheet
                               CRA No. 315 of 2022
1. Durana Sona @ Droni, S/o Demar Sona, Aged About 24 Years, R/o Village Jora
   Tarai, Police Station- Bhilai Bhitthi, District- Durg (C.G.)
2. Sonu @ Chandrashekhar, S/o Chhagan Lal Chandrakar, Aged About 24 Years,
   R/o Village Jora Tarai, Police Station- Bhilai Bhitthi, District- Durg (C.G.)
                                                                          ---- Appellants
                                       Versus
  State of Chhattisgarh, Through Police Station Bhilai Bhitthi, District- Durg (C.G.)
                                                                          ---Respondent

17.10.2022 Mr. Rohitashva Singh, counsel for appellant No. 1.

Ms. Abhyunnati Singh, Panel Lawyer for the State/respondent. Notice issued to the victim by this Court is unserved on the count that the victim has left her residential address and she is not residing in the address mentioned in the notice.

Heard on application for suspension of sentence and grant of bail to appellant No. 1-Durana Sona @ Droni.

By the impugned judgment dated 10.03.2021 passed by the learned Additional Sessions Judge, Fourth F.T.C., Durg (C.G.) in Special Session Trial (POCSO) No. 46/2018, the appellant stands convicted, as under:-

                       Conviction                          Sentence
               U/s 8 POCSO Act           : R.I. for 3 years and fine of Rs. 2000/-

U/s 323 r/w 34 of IPC : R.I. for 1 year and fine of Rs. 1000/-.

Both sentences are run concurrently.

In default of payment of fine 1-1 month S.I.

Learned counsel for appellant No. 1 would submit that appellant No. 1 has already undergone for 1 year & 9 months imprisonment including the period after conviction and did not misuse the liberty

granted to him. There is no likelihood of the appeal coming up for final hearing in the near future, hence, it is prayed that the application be allowed.

He would further submit that co-accused/appellant No. 2 namely Sonu @ Chandrashekhar has filed separate appeal bearing CRA No. 279/2022 before this Court and he has already been granted bail by this Court vide order dated 29.03.2022.

Learned State counsel opposes the bail application submitting that the prosecution has proved the case beyond reasonable doubt, therefore, this appellant is not entitled for grant of bail.

Considering the fact that the maximum jail sentence awarded to appellant No. 1 is R.I. for three years, the appellant was on bail during trial and did not misuse the liberty granted to him and also 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 No. 1 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 appellant No. 1 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 this Court on 12th December, 2022. He shall thereafter appear on a date to be given to him and shall continue to appear on all such subsequent dates as are given to him till disposal of this appeal.

List this appeal on 12th December, 2022.

Sd/-

(Narendra Kumar Vyas) Judge Arun